SALES continued.

Bona fide purchasers - continued.
Good faith purchasers, 386
Market overt, goods sold in, 377
Mistake as to identity of party,
purchaser's rights as affected
by, 23-1300

Money as passing by delivery, 377
Negotiable instruments passing by
delivery, 377

Notice of seller's want of title,
383

Persons entitled to protection, 383
Pre-existing debt as consideration,
384

Pre-existing indebtedness as con-
sideration, 318-320

Remedy of rightful owner, 386
Resale by buyer, possession as evi-
dence of title, 49

Rescission, effect as to third per-
sons, 321

Rights generally, 23-1385

Rule denying protection, 23-1386
Sale by fraudulent buyer as af-
fecting original seller's rights,
23-1385

Sale by persons having indicia of
ownership, 378

Sale in violation of injunction,
23-1241

Stolen property, 375

Title as against prior purchaser
without delivery, 52

Title as against seller's creditors,
50

Title of buyer as measured by sel-

ler's title, 373-377
Transferee of bill of lading or
warehouse receipt, 320
Warehouse receipts, 380

Who are bona fide purchasers, 383
Bonds, implied warranty as to va-
lidity, 205

Books, misrepresentations in sale of,
349

Bought and sold notes as contracts
of sale, 23-1260

Branding laws, sales in violation of,
23-1307

Breach of contract, see Performance
and breach

Breach of warranty (see also Meas-
ure of damages for breach of
warranty)

Action for breach not in avoid-
ance of contract, 234

-

continued.

SALES-continued.
Breach of warranty
Action on case, 242
Aggravation of damages, 268
Animals, damages for breach of
warranty of soundness, 266
Animals, loss of profits from in-
ability to use animal, 267
Barrenness of animals, 228
Brands as showing want of title
in seller, 233

Conditions precedent to recovery
of damages, 234

Damages for breach generally, 234
Damages for breach of warranty
of title, 269

Defects constituting unsoundness,
226

Enhancement of damages, 268
Form and sufficiency of notice of
defects, 246

Form of action, 242

General warranty as covering un-
known defects, 219

Ground for rescission by seller,
287

Judgment in action for fraud as
bar to action on warranty, 237
Limitation of actions, 237-239
Limitation of seller's liability, ex-

press stipulation, 234

Measure of damages, 253
Minimizing damages, 268
Mitigation of damages, 268

Notice of defects before suing for
breach, 244

Nursery stock, damages for breach
of warranty, 264

Nursery stock, limitation of lia-
bility for breach of warranty,
266

Patent defects in animals, 225
Payment of price as essential to
maintenance of action for dam-
ages, 234

Pleading in action for breach, 243
Pregnancy of animals, 228
Rejection of goods before delivery
and acceptance, 290

Remedying defects, right of seller,

241

Resale by buyer as waiver of
breach, 240

Rescission as affecting claim for
damages, 235-236

Rescission for breach of warranty,
287

Seller's right to remedy defects or
substitute another article, 241
Sterility of animals, 228
Stipulation limiting seller's liabil-
ity, 234

Substitution of another article as
curing breach, 241

Time of existence of defects, 225
Title of thing sold, 230-233
Unknown defects, 219
Unsoundness, defects constituting,
226

Unsoundness of animal, 221
Unsoundness of animals, proof of,
228

Vice in animal as unsoundness,
227

Waiver of breach, 239-241
Waiver of notice of defects, 247
Warranty of title, damages, 269
Warranty of title, limitation of
action, 238

Buildings as subjects of sale, 23-
1238

Bulk sales acts, constitutionality,
23-1190

Bulky or ponderous articles, con-
structive delivery, 56

Burden of proof, see Evidence
Business injury to, by breach of
warranty, 260

Buyer (see also Bona fide purchas-
ers; Remedies of buyer)

Title acquired by purchase, 23-
1237

Cancellation of contract

Emergency, 23–1190

Provision for, as destroying mu-
tuality, 23-1270
Capacity of parties, 23-1273
Carriers (see also Place of sale;
Stoppage in transitu)

Bill of lading, form, 23-1427

SALES - continued.
Carriers continued.

Bill of lading retained by seller,
effect, 43

Bill of lading taken in name of sel-
ler, 44

Delivery to carrier as authoriz-
ing action for price, 94

Delivery to carrier as delivery to
buyer, 23-1383, 1423

Delivery to carrier as passing title,
40

Freight, by whom payable, 23-
1427

Insurance of goods in transit, 23-
1428

Liability for loss of or injury to
goods, 23-1429

Misdirection of goods shipped, 23-

1429

Notice to buyer of shipment of
goods, 23-1429

Time of delivery to carrier as

time of shipment, 23-1372
Time of shipment by carrier, 23–
1427

Transportation charges as pay-

able by buyer or seller, 23-1380
Case, action on, for breach of war-
ranty, 242

Cash sales, see Payment of price
Caveat emptor

Application of rule, 179

Rule stated, 332

Certainty as requisite of contract of

sale, 23-1262

Change of possession, see Construc-

tive delivery; Delivery by seller
Chattel mortgages, sale of property
without consent of mortgagee, 23-
1303
Checks -

Acceptance of check given in pay-
ment of price, effect, 23–1388
Conditional payment, 23-1385
Full payment recited in check for
price, effect, 23-1445

Local custom to receive checks in
payment, 23-1389

Payment of price by check, 23-
1448

Choses in action, implied warranty
in sale, 204

C. i. f., meaning in sale contract,
23-1335

SALES

-

- continued.

C. o. d. shipments -

Delivery to carrier as passing
title, 46

Place of sale, 23-1258
Collection of draft with bill of lad-

ing attached distinguished from
sale, 23-1204

Commercial agencies, see Misrepre-
sentations by buyer
Commission merchants, see Consign-
ment to agent for sale
Commodities, see Payment in com-

modities; Subject matter of sales
Comparison of articles, see War-
ranty

Concurrent stipulations in contract,
23-1340

Conditional delivery, see Delivery by
seller

Conditional sales

Absolute obligation for price, ef-
fect, 447

Acquisition to subject matter,
rights of seller, 477
Additional security for price, ef-
fect of taking, 448
Adequacy of price as indicating
nature of transaction, 443
Assignment by buyer for benefit
of creditors, 470

Assignment of rights by seller,
478

Bailment distinguished, 449
Bankruptcy of buyer, 470
Boarding house keeper's lien, 461
Breach of contract by seller, ef-
fect of right to reject goods,

481

Buyer authorized to resell, 458
Buyer's interest as subject to sale

under execution, 500

Buyers' rights, 496-503
Buyer's title, vesting, 503-506
Chattel mortgage distinguished
from conditional sale, 441
Chattel mortgage or conditional
sale, test of transaction, 445-
447

Chattels to be annexed to real es-
tate, 473-476

Collateral security, effect of tak-
ing, 505

Conflict of laws, 452

Criterion of nature of transaction,
442

Destruction of property as affect-

ing buyer's liability, 494

Fraud, failure to record contract,
472

Infant buyer, effect of disaffirm-
ance, 502

Innkeeper's lien, 461
Insurable interest of buyer, 498
Insurance at expense of buyer, ef-
fect of provision, 448
Intention of parties, 442
Leases distinguished, 449
Lien of third person for repairs,
459

Livery stable keeper's lien, 461
Mechanic's lien as inconsistent
with retention of title by seller,
448
Operation of transaction, 454
Parol reservation of title, valid-
ity, 463

Part payments, recovery by buyer
on retaking by seller, 500
Possession by seller, character of,
494

Preferences, failure to record, 472
Price, recovery by seller, 489-496
Purchase money note, effect of re-
newal, 505

Purchase money notes, effect of
transfer by seller, 504
Receiver of buyer, title, 470
Recording acts, 465-473
Redemption, buyer's right of, 502
Refusal of buyer to accept de-
livery, 490

Removal of property to another

Tests as to character of transac-
tion, 450

Third persons, rights of, 454
Title of conditional purchaser as
salable, 23-1236

Transfer by buyer, effect, 498-500
Transfer by seller of purchase
money note, effect, 504

Transfer of right by seller, 478
Usury under cover of conditional
sale, 441

Validity of transaction, 454
Vesting of title in buyer, 503–506
What law governs, 452
Writing, necessity, 463
Condition of property, see Delivery
by seller; Waiver

Conditions distinguished from cov-
enants, 23-1330

Confederate government, legality of
sales in aid of, 23-1314
Confidential relation between par-
ties, fair dealing required, 296
Conflict of laws (see also Place of
sale) -

Common law as governing, when,
23-1193

Conditional sales, 452

Consecutive sales of same prop-
erty, 23-1194

Construction of contract, 23-1328
Intention of parties as to what

law shall govern, 23-1252
Law of place of contract as gov-
erning, 23-1198

Law of place of sale as governing,
23-1315

Presumption that law of place of
contract is same as law of fo-
rum, 23-1193

Removal of property after sale,
23-1194

Sale of property in another juris-
diction, 23-1196
Vessel at sea, 23-1197
Consideration (see also Price)

-

Essential elements of sale, 23-1187
Inadequacy of price as indicative
of fraud, 296

Money price or price estimated in
money, 23-1187

Parol evidence to show true con-
sideration, 23-1391
Pre-existing debt, 384

SALES-continued.

Consideration - continued.

Pre-existing indebtedness, 318-
320

Requisite of contract of sale, 23-
1277

Return of consideration on re-
scission by seller, 322-325
Consignment to agent for sale
Contracts of agency distinguished
from sales, 23-1214

-

Contracts "on sale and return"
distinguished from consignments
for sale, 23-1220

Liability of consignee for price as
affecting nature of transaction,
23-1218

Proof of character of transaction,
23-1220

Test as to character of contract,
23-1216

Title to goods as affected by con-
signment, 23-1214

Constitutionality of statutes restrict-
ing right to sell, 23–1190
Construction of contract (see also
Abbreviations; Quality of goods
sold; Quantity of goods sold;
Words and phrases)
Abbreviations, 23-1350
Abbreviations, parol evidence to
explain, 23-1329

"About" as describing quantity,
23-1353

Back of instrument, words on, as
part of contract, 23-1328
Buyer's risk or seller's risk, 23-
1334

Concurrent stipulations, 23-1340
Conflict of laws, 23-1328
Correspondence constituting con-
tract, 23-1329.

Covenants distinguished from con-
ditions, 23-1330

Defeating contract, construction
against, 23-1327

Delivery, time and place, 23-1364
Dependent stipulations, 23-1339
Effect to be given to all words
used, 23-1329

Entire contracts, 23-1341

Entire instrument to be consid-
ered, 23-1329

"Estimated" quantity, 23-1353

Executory and executed contracts

distinguished, 23-1346
"Free on board," 23-1337
Goods "to arrive," 23-1333
Government contracts, 23-1328
Independent stipulations, 23-1339
Intention of parties, ascertainment
as cardinal rule, 23-1328
"More or less," description of
quantity, 23-1352
Mutual stipulations, 23–1339
Parol evidence to explain abbre-
viations, 23-1329

Particular words and phrases, 23-
1332

Place of delivery, 23-1364
Printed matter as controlled by
written matter, 23-1329
Quality of goods sold, 23-1358
Quantity, provisions relating to,
23-1350

Question for court or jury, 23-
1331

"Require" or "requirement," 23-
1332

Restraint on trade, strict construc-

tion, 23-1328

Severable contracts, 23-1341
Several instruments constituting
contract, 23-1329

Signature, words following, as
part of contract, 23-1328
Strict construction against re-
straint of trade, 23-1328
"Strike" clause, 23-1335
Subject matter, construction as to,
23-1350

Sustaining contract, construction
in favor of, 23-1327
Technical words, 23-1328, 1350
Time as of essence, 23-1330
Time of delivery, 23-1364
Time of payment, 23-1381
Trade terms, 23-1350
Transportation charges as payable
by buyer or seller, 23-1380
Upholding contract, construction
in favor of, 23–1327
What law governs, 23-1328
Whole instrument considered, 23-
1329

Words and phrases, 23–1332
Written matter as controlling
printed matter, 23-1329

-

SALES-continued.
Constructive delivery -
Animals running at large, 56
Application of rule, 54
Bulky or ponderous articles, 56
Control of place of storage, 57
Husband and wife, sales between,
58

Parent and child, sales between,
58

Sales between persons residing
together, 58

Sufficiency as against creditors
and subsequent purchasers, 53
Contingency as subject of sale, 23-
1244

Contingency, validity of executory
contract depending on, 23-1231
Contract of agency distinguished
from sales, 23-1214
Contracts of sale (see also Conflict
of laws; Construction of con-
tract; Executory contracts of
sale; Future delivery contracts;
Offer and acceptance; Perform-
ance and breach; Place of sale;
Requisites and validity of sale
contracts) -

Alteration of contract, 23–1264
Assignability, 23-1187

Breach of contract, see Perform-
ance and breach

Cancellation "in the event of an
emergency," 23-1190
Certainty, 23-1262

Contingent or conditional opera-
tion, parol evidence to show,
23-1391

Credit sales, effect of buyer's in-
solvency, 23-1367

Death of party as terminating
contract, 23-1189

Evidence, see Parol evidence to
vary or explain contract
Exclusive sales, effect of contract
as monopolistic, 23-1199
Failure of buyer to read contract
before signing, 23-1389
Implied contracts, 23-1263
Incomplete writings, parol evi-
dence to show actual agreement,
23-1395

Modification by subsequent agree
ment, 23-1394

Mutuality, see Mutuality of con-

tract