Ruling Case Law: As Developed and Established by the Decisions and Annotations Contained in Lawyers Reports Annotated, American Decisions, American Reports, American State Reports, American and English Annotated Cases, American Annotated Cases, English Ruling Cases, British Ruling Cases, United States Supreme Court Reports, and Other Series of Selected Cases, Volume 24

Front Cover
William Mark McKinney, Burdett Alberto Rich
Edward Thompson Company, 1919 - Law

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Contents

Animals Slaves Estrays 320 Bulky or Ponderous Articles
56
Control of Place Where Property Is Stored
57
Sale between Persons Residing Together Generally 323 Husband and Wife Parent and Child
58
Temporary Change of Possession Generally
59
Retention of Possession as Employee of Buyer 326 Sale by Cotenant
60
Property in Possession of Agent or Bailee
61
Property in Possession of Servant
62
In General
63
Necessity for Acceptance by Buyer Generally
90
Articles to Be Manufactured or Produced 358 Qualification of Rule Permitting Recovery of Price on Refusal to Accept
92
Delivery to Carrier as Authorizing Action for Price 360 Expense of Keeping Property for Buyer
94
Interest on Price 362 Time to Sue Generally
95
Failure to Give Note etc According to Agreement for Credit
97
Limitation of Actions 365 Form of Action
98
In General
99
Defenses to Action for Price Generally
100
Inconsistent Defenses
101
369 Countermand of Order by Buyer
102
Breach of Warranty and Fraud as Defense
103
Setoff Recoupment and Counterclaim Generally
104
Claims Arising Out of Contract of Sale Generally 373 Damages for Breach of Warranty Negligence or Fraud
105
Right of Recoupment as Affected by Giving Note for Price
107
Pleading Defenses RESALE ON ACCOUNT OF BUYER 376 Where Title Has Passed to Buyer
108
Executory Contracts of Sale
109
Notice of Resale 379 Conduct and Expenses of Sale Generally
111
Place of Sale
112
Effect of Purchase by Seller or Buyer
113
Conclusiveness of Resale as Fixing Damages
114
Common Law Rule as to Lien after Delivery
127
Lien Created by Agreement
128
STOPPAGE IN TRANSITU 399 Definition and Origin of Right 400 Special Circumstances as Affecting Right
130
Who May Exercise Right Generally
132
Agent of Seller 403 Insolvency of Buyer Generally
133
Time When Insolvency Occurs
134
Nonpayment of Price
135
Against Whom Right Enforceable Generally
136
407 Execution and Attachment Creditors
137
Assignee for Creditors or in Bankruptcy
138
Resale Generally
139
Transfer of Bill of Lading or Other Documents of Title
140
Who Are Bona Fide Transferees for Value 412 When Goods Considered in Transitu Generally
141
Buyers Ownership of Means of Conveyance
142
Delivery to Agent of Buyer Generally
143
Right as Affected by Termination of Transit Generally
144
Demand by Buyer as Terminating Transit
145
Sufficiency of Delivery to Terminate Transit Generally 418 Notice of Arrival Warehousing Goods Landing on Wharf
147
Interception during Transit Continuity of Original Shipment Reship ment
148
Delivery of Part
149
Exercise of Right Generally 422 Effect of Exercise of Right Generally
150
Duty of Carrier or Middleman after Notice from Seller
151
Enforcement and Waiver of Right
152
Warranties GENERAL PRINCIPLES 425 Definition and Nature
153
Time of Warranty Consideration
154
Conditions Legality of Sale
155
Executory Contracts of Sale Generally 429 Conditional Sales Goods Not in Esse
156
Parties to Warranty Generally
157
Liability of Seller to Third Persons Generally
158
Subsequent Purchasers
159
Novation of Contract or Assignment of Cause of Action
160
Rights of Surety for Price
161
Proof of Breach of Warranty Generally
162
Proof by Comparison or Contrast
163
EXPRESS WARRANTIES 437 In General
164
Affirmations as to Quantity or Size
167
Affirmations as to Quality or Condition Generally
168
Qualification of Rule Dealers Talk Questions for Jury
169
Sale of Second Hand Article
170
Sale by Description General Rule
171
Inspection and Opportunity Therefor
173
Application of Rule Generally
174
Sale of Seeds Generally
175
Disclaimer of Warranty as to Kind of Seed 450 Warranties in Sale of Animals
176
IMPLIED WARRANTIES 451 Definition Nature
178
General Rule Caveat Emptor
179
Minority Rule as to Warranty of Soundness from Sound Price
181
CONSTRUCTION AND SCOPE OF WARRANTY
217
ACTION FOR DAMAGES 383 In General
249
Effect Given to Price Paid as Affecting Damages
255
Interest 536 Special or Consequential Damages General Rule
256
Application of Rule Generally
257
Profits or Gains Prevented Generally
259
Reimbursement for Liabilities Incurred on Resale 540 Injury to Business
260
Personal Injuries
262
Warranty of Seed
263
Warranty of Nursery Stock Generally
264
Limitation of Liability by Contract 545 Warranty of Soundness of Animal or Slave Generally
266
Loss of Profits from Inability to Use Animal
267
Mitigation and Enhancement of Damages
268
Warranty of Title General Damages
269
Special Damages
270
Rescission of Sale Generally GENERAL PRINCIPLES
271
Question of Intention
275
Effect of Provision as to Risk or Insurance
276
Effect of Delivery of Bill of Sale
277
Transfer of Bill of Lading or Warehouse Receipt
278
Acts Remaining to Be Done to Subject Matter Generally
279
Transportation and Inspection
280
Price to Be Fixed Generally
281
Weighing Measuring or Counting to Fix Price Generally
282
Qualification of Rule as to Measuring etc Intention of Parties
283
Payment of Price
284
Identification of Subject Matter Generally
285
Sale of Part of Mass Necessity for Segregation Generally
286
Qualification of Rule as to Segregation
287
Sufficiency of Identification or Segregation from Mass
288
Effect of Delivery of Part or Entire Mass 290 Application of General Rule
290
Grain and Flour
291
Article to Be Manufactured or Produced Generally
292
Prior to Completion Generally
293
Approval by Buyer during Manufacture or Construction
294
Vessels
295
After Completion Generally
296
Approval and Acceptance by Buyer
297
Necessity for Delivery Generally
298
Property in Hands of Third Person
299
Effect of Delivery Generally
300
Effect of Mistake in Character of Property Delivered
301
Conditional Delivery
302
Delivery to Third Person Generally
303
Delivery to Carrier Generally
304
Qualification of General Rule
305
Form and Retention of Bill of Lading Generally
306
Bill of Lading Taken in Name of Seller
307
F 0 B Shipments
308
Proof of Buyers Fraudulent Intent Generally
309
Admissibility of Evidence to Prove Intent
310
Against Whom Sellers Right of Rescission Enforceable Generally
311
Purchasers with Notice of Fraud
312
Assignee for Benefit of Creditors Trustee in Bankruptcy Receiver
313
Attachment and Execution Creditors
314
Bona Fide Purchaser Generally
315
Qualification of General Rule as to Bona Fide Purchaser
317
Preexisting Indebtedness as Consideration Majority View
318
Minority View as to Preexisting Indebtedness
319
Other Considerations in Addition to Preexisting Indebtedness 605 Transferee of Bill of Lading or Warehouse Receipt
320
General Effect of Rescission by Seller
321
Restoration by Seller Generally
322
Notes Given by Buyer
323
View Applying Equitable Principles
324
Waiver of Sellers Right to Rescind Generally
325
Action for Price as Waiver
326
Recovery of Judgment for Price 613 Replevin by Seller
327
Trover Trespass
328
Determination of Market Value Time and Place Generally
337
Absence of General Market at Time or Place of Delivery
338
Interest
339
Special Damages Generally
340
Purchase for Particular Use Generally
341
Interruption of Buyers Manufacturing Business
342
Collateral Undertakings of Buyer as Affecting Damages General Rule
343
Qualification of General Rule
344
Sellers Knowledge of Terms of Resale Contracts
345
Delay in Delivery Generally
346
Purchase for Special Use 348 Defects as to Quality or the Like
348
Wrongful Competing with Business Sold
349
Duty of Buyer as to Minimizing Damages Generally
350
Duty to Purchase from Seller on Other Terms
351
Preliminary Statement
352
Joinder and Splitting Causes of Action
353
Measure of Damages Generally
354
Sale of Articles to Be Manufactured or Produced Generally
387
Manufacture or Production Stopped by Buyer
388
Interest
389
Determination of Market Value
390
Nature of Lien
391
What Law Governs Generally
392
Removal to Another Jurisdiction as Affecting Lien
393
Lien Prior to Delivery Generally
394
Sale on Credit and Insolvency of Buyer before Delivery
395
Lien after Delivery Civil Law Rule and Statutory Provisions
396
Questions of Law and Fact Generally
438
Statement of Opinion or Judgment
439
Warranty of Title General Rule
454
Exceptions to Rule Generally
455
Want of Possession by Seller
456
Judicial and Execution Sales
457
Merchantable Quality
458
Fitness for Intended Purpose General Rule
459
Minority Rule as to Warranty of Fitness
460
Extent and Qualification of Rule Generally
461
Article Conforming to Plans and Specifications
462
Sale Subject to Test
463
Sale by Manufacturer or Producer General Rule
464
Extent and Qualification of General Rule
465
Defects in Materials Used in Manufacture
466
Sale of Provisions General Rule
467
Qualification of General Rule
468
Sale of Provender for Animals
469
Sale of Seeds
470
Sale of Nursery Stock
471
Sale of Fertilizers
472
Sale of Drugs
473
Sale of Animals
474
Sale of Machinery
475
Sale of Chose in Action 477 Sale of Slave Patented Article and Patent Rights SALE BY SAMPLE 478 In General
476
Nature of Warranty
479
Extent of Warranty Generally
480
Latent Defects Common to Sample and Bulk
481
Usage of Trade as Extending or Varying Warranty
482
Sale by Description or by Manufacturer and by Sample
483
What Constitutes Sale by Sample Generally
484
Opportunity for Inspection
485
Contract for Sale of Articles Not in Esse
486
Proof of Sale by Sample Generally
487
Admissibility of Oral Evidence to Show Sale by Sample
488
In General
489
Unknown Defects
490
Known and Patent Defects Majority View
491
Minority View as to Patent Defects
492
Character of Defect Included in Majority View
493
Warranty of Seeds and Nursery Stock
494
Warranty in Sale by Description Generally
495
Effect of Adulteration
496
Warranty of Soundness of Animal or Slave Generally
497
Open Defects in Animal or Slave
498
Time of Existence of Defects
499
Particular Defects Constituting Unsoundness
500
Vices as Unsoundness
501
Pregnancy Sterility and Barrenness
502
Proof of Unsoundness
503
Warranty of Title General Scope and Effect
504
Necessity for Dispossession or Loss Minority View
505
Majority View as to Necessity for Dispossession or Loss
506
Proof of Sellers Want of Title Generally 508 Effect of U S Brand CLAIM FOR DAMAGES GENERALLY 509 In General
507
Effect of Rescission on Claim for Damages Generally
510
Where Price Has Been Paid or Note Therefor Given
511
Judgment in Action for Fraud as
512
Limitation of Actions Generally
513
Warranty of Title
514
Waiver of Breach Generally
515
Effect of Resale by Buyer
516
Right of Seller to Remedy Defects or Substitute Another Article
517
Form of Action Generally
518
Action on the Case
519
Pleadings
520
In General
521
Provision in Contract Requiring Notice Generally
522
Form and Sufficiency of Notice
523
Notice to Agent of Seller
524
Waiver of Notice Generally
525
Waiver by Agent
526
In General
527
Provision in Contract for Return Generally
528
Provision for Return Permissive in Forin
529
Compliance with Provision for Return
530
Waiver of Return
531
Default of Seller Generally
551
Default of Buyer Generally
552
Credit Sales Insolvency of Buyer
553
Entering into New Contract
554
Effect of Mutual Rescission
555
In General
556
Rule in England Prior to Sales
557
Rule in United States Generally
558
Majority View as to Default of Buyer
559
Minority View as to Default of Buyer
560
Majority View as to Default of Seller
561
Minority View as to Default of Seller
562
Waiver and Necessity of Notice of Termination Generally
563
Acceptance of Prior Deliveries Defective in Quality
564
Acceptance of Prior Deliveries Defective in Quantity
565
Effect of Prior Acceptances on Later Defaults
566
General Effect of Rescission
567
In General
568
Warranty of Title
569
Statutory Provisions
570
Agreement for Return
571
Rejection before Actual Delivery and Acceptance
572
Exercise of Right of Rescission Generally
573
Restoration by Buyer Generally
574
Effect of Continued Use of Property
575
Effect of Injury to or Deterioration of Property
576
Qualification of Rule as to Complete Restoration
577
Nondisclosure of Latent Defects
621
Misrepresentations Generally
622
Time of Making of Misrepresentations
623
Misrepresentations by or to Third Persons
624
Artifices to Conceal Defects
625
Materiality of Representation and Negligence of Buyer
626
Suit in Equity
672
MEASURE OF DAMAGES
757
General Rule 533 Determination of Value in Defective Condition
858
Shipments
1152
Intention of Parties
1464
Risk of Destruction or Loss of Property 311 Revesting Title in Seller
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