PERISHABLE GOODS,

re-sale on buyer's default, 93

PLACE OF DELIVERY, 64, 65

PLACE OF PAYMENT, 96

PLAINTIFF,

defined, 118

PLEDGE,

distinguished from sale, mortgage and lien, 118, n., 119, n.
definition under Factors Act, 129

effect of pledge of documents, 129, 130

for antecedent debt, 132

powers of mercantile agent, 129

power of seller or buyer in possession of goods or documents, 58,

59, 134

of bill of lading, 92

unpaid seller's lien compared to, 77

effect on stoppage in transitu, 91

PLEDGEE,

power of sale by, 52, n.

of bill of lading not liable for freight, 156

POSSESSION,

actual or constructive, 114, 115. See DELIVERY.

"possession vaut titre," 53, 124

defined by Factors Act, 127

POTHIER,

as an authority in England, Introd., p. x.

PRICE,

rules for ascertaining, 20, 21

reasonable price, 20, 21

alternative in nature of wager, 21

agreement for valuation by third party, 22

£10 and upwards, 14, 150

statement of, in note or memorandum, 152

action for, by seller, 95

rights of seller if wholly or in part unpaid, 75, 76

rights of sub-purchaser on paying, 80, 92

reserve or upset at auction sale, 111

list of stipulations judicially construed, 185
And see PAYMENT.

PROPERTY,

defined, 118

distinguished from right to possession, 119
sale is a transfer of, 1, 2

when it passes to buyer, 39. See TRANSFER.
risk primâ facie goes with, 49

PUFFER,

at auction sales, 111, 112

QUALITY,

includes condition of goods, 119

caveat emptor, and its exceptions, 31, 33

sales by sample, 35, 36

express warranties, 24, 25, 186, 187

list of stipulations judicially construed, 186, 187

QUANTITY,

delivery of wrong quantity, 67

list of expressions judicially construed, 185, 186

QUASI-CONTRACTS OF SALE, 8, 9

READINESS,

to pay or deliver, how proved, 63, 64

READY MONEY,

presumption that sale is for, 63

REASONABLE,

hours, 65, 66

time, 109

price, 20, 21

RECEIPT,

"actual receipt" in Statute of Frauds, 14, 151

for money paid, 166, 167

REJECTION,

right of for breach of condition, 26

mode of rejecting goods, 74

when allowed for breach of warranty, 26, 27, 103

saving for right in Scotland, 27, 104, 120

See RETURN.

REPEALS,

by Sale of Goods Act, 112, 123

by Factors Act, 141

non-repeal of certain provisions, 135, 137, 143, n.

REPRESENTATIONS,

different kinds and their effect, 25, 121

See also FALSE PRETENCES; FRAUD.

RES PERIT DOMINO, 50

RE-SALE,

by seller, 58, 59, 93, 94
by buyer, 58, 90

RESCISSION OF CONTRACT,

by mutual consent, 154

by consent when buyer insolvent, 80

if there be a resolutive condition, 6, 93
on exercise of lien or right of stoppage, 93
non-performance of instalment-contract, 68
in case of fraud, 25, 105, 110, 111

RESOLUTIVE CONDITIONS, 6, 45, 171, 174
RETENTION (RIGHT OF),

corresponds with lien in England, 118, 142
former Scotch rule, 78

RETURN OF GOODS,

not necessary on rejection, 74

goods on approval or sale or return, 42, 45

claim for breach of warranty without, 105

RISK,

general incidence of, 49

goods delivered to carrier, 69, 70

delivery at distant place, 71

destruction of goods before sale complete, 19

ROMAN LAW,

weight of, in England, Introd., p. xi.

buyer purchasing his own goods, 2

property did not pass till delivery, 3, 40, 41

rule as to fixing price, 22, 23

sale of a chance, 16

ROMAN LAW-continued.

stipulations construed against seller, 109
warranty of title, 29

goods to answer description, 30

the obligatio certi corporis, 45

rule as to incidence of risk, 50

seller can give no better title than his own, 53
obligation to deliver, 3

puffing at auction sales, 112

recaption on buyer's insolvency, 77

sale and exchange contrasted, 5

SALE,

defined, 1, 119

general nature of, 2

absolute or conditional, 1, 6

distinguished from agreement to sell, 7

includes bargain and sale, and sale and delivery, 2, 119
where agreement to sell becomes, 8

destruction of goods before, 19

included in “contract of sale,” 1, 114
distinguished from exchange, 5
exemption from stamp duty, 168
subject-matter of, 16

by sample, 35

by auction, 110

on trial or approval, 42, 45

of horses, 55, 143

See also CONTRACT OF SALE.

SALE OF GOODS ACT,

History of Act. See Introd., p. vii.

Short title, 122

Commencement, 122

Savings, 113

Repeals, 112, 123

canon for construction of, 122

SALE OR RETURN, 42, 45

SAMPLE,

nature and function of, 36

rules as to sale by, 35, 36

SAMPLE-continued.

discussion of rules, 36, 37

goods must accord with description, 29, 38
bulk sample to satisfy Statute of Frauds, 152

SAVINGS,

under Sale of Goods Act, 113

under Factors Act, 138, 139

SCOTCH LAW,

differs from English, Introd., p. ix.

property did not pass till delivery, 41

warranty of title, etc., 29

no warranty that goods are of seller's own make, 33
warranty of quality, 35

conditions and warranties, 27, 120

right of rejection, 26, 27, 104

consignation or payment into court, 112

no rule of market overt, 55

rights of execution creditor, 78

seller's right of retention, 76, 78, 118

stoppage in transitu, 78

recovery of interest on price, 95, 97

damages for non-delivery, 100

Statute of Frauds does not apply, 14

application of Factors Act, 142
applications of definitions, 114-122

SEA TRANSIT, 71

SELLER,

defined, 119

same person as buyer, 2

duty to deliver, 62, 63

mode of delivery by, 64

duty of, in delivering to carrier, 69

liability, if he refuses to take back rejected goods, 74

when deemed to be unpaid, 75

rights of, when unpaid, against the goods, 76

re-sale by, when buyer in default, 94

left in possession of goods or documents, 58, 134

remedies by action, 95

actions against, 98. See ACTION.

may be bailee for buyer, 79, 83

warranties by, 28, 31, 36. See WARRANTY.