DISPOSAL, reservation of right of, 47 DIVISIBLE CONTRACT, warranties, or conditions, 26, 68 instalment deliveries, 68 seller's lien, 80, 81 damages, 97, 98 lots at an auction, 110 DOCK WARRANT, definition of, and stamp, 166, 168 common law effect, 66 is a document of title, 116, 128 effect of Factors Act, 129-137. See FACTORS ACT. EVIDENCE, to explain or annex incidents to sale, 13, 108, 182 to avoid contract, 13, 154 in mitigation of damages, 100 of readiness to deliver or pay, 63, 64 to connect documents, inadmissible, 152 on sale by sample, 36 effect on rule of caveat emptor, 32 EXCHANGE OF GOODS, 4, 5 EXECUTED AND EXECUTORY CONTRACTS, 7 EXECUTION CREDITOR, title as against purchaser, 60, 61, 78 EXPECTANCY, sale of, 16, 17 F. O. B., ="free on board," 184 FACTORS ACT, 1889, history of legislation, 124 mercantile agents, 126 documents of title, and mode of transfer, 127, 138 definition of pledge, 129 sale or pledge by mercantile agent, 130 revocation of agent's authority, 130 pledge of document deemed pledge of goods, 132 pledge for antecedent debt, 132 consideration for sale or pledge, 132 exchange of goods or documents, 132 agreements through clerks, 133 consignee's lien, 133, 134 seller remaining in possession of goods or documents, 134 buyer getting possession of goods or documents, 135 transfer of document as affecting lien or right of stoppage, 137 rights between principal and agent, 138 set-off against agent, 139 common law powers of agent saved, 139 repeal of previous Acts, 139, 141 application and commencement, 140 FACTORS (SCOTLAND) ACT, 1890..142 FAILURE OF CONSIDERATION, 106, 107 FALSE PRETENCES, goods obtained by, 9, 56 FAULT, defined, 116 FI-FA, effect of writ on buyer's right, 60, 61 FITNESS FOR PARTICULAR PURPOSE, FIXTURES, are not goods, 117 FORBEARANCE, to make or require delivery, 154 FRAUD, what constitutes, 121 saving for law as to, 113 doctrine of "legal fraud" exploded, 121 effect of fraudulent representation, 25, 105 sale under voidable title, 55 re-vesting, on conviction, for larceny, 56 in auction sales, 110-112 parol evidence to prove, 13 FRAUDS (STATUTE OF), repeal of s. 17..15, 123 provisions substituted for, 14, 15 general effect (s. 17), 15 amended by Lord Tenterden's Act, 150, 155 the Acts set out, 149, 155 "contract of sale," 150 FRAUDS (STATUTE OF)-continued. actual receipt, 151 part of the goods, 152 earnest, 152 part payment, 152 note or memorandum, 152 signature, 153 agents to sign, 153 parties to be charged, 153 auctioneers, 153 brokers, their notes and contracts, 154 FREE ON BOARD, 184 FREIGHT, effect of lien for, 158 FUTURE GOODS, definition of, 16, 116 contract for sale of, 16, 17, 18, 19 when property in, passes, 39, 43, 44, 46 GENERIC GOODS, 46, 119 GIFT, 4 GOOD FAITH, meaning of, 121 GOODS, what included in term, 117, 127 specific and general goods, 119 existing and future, or after-acquired goods, 16-20 re-sale of perishable, 94 destruction of, before sale, 19, 20 documents of title to, 116 pledge of document deemed pledge of goods, 132 delivery of wrong quantity or mixed, 67 exchange of, 4, 132 GROWING CROPS OR TIMBER, 117 GUARANTEE FOR PRICE, exempt from stamp, 167, n. HIRE-PURCHASE AGREEMENTS, 137 HORSES, Acts relating to sale of, 55, 143 warranties judicially construed, 187 saving for law of, in Scotland, 113 IMPLIED TERMS, how negatived, 108 as to title, 27 as to quality and fitness, 31, 32, 36 IMPOSSIBILITY, as excusing performance of contract, 19, 181 INDEPENDENT AGREEMENTS, 68, 69, 174, 175 INFANT, liability for necessaries, 10, 11 non-liability of father, 12 INNKEEPER, power to sell goods left with, 52, n. INSOLVENCY, what constitutes, 121 seller's lien when buyer insolvent, 79 right of stoppage in transitu, 83 agreement to rescind in case of, 80 saving for bankruptcy laws, 113 INSPECTION (RIGHT OF), 71, 72. See EXAMINATION. breach of contract for delivery by, 68 measure of damages, 97, 98 seller's lien, 81 |