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Drugs-

Implied warranty of fitness for
use, 201

Regulation of sales as within po-
lice power, 23-1190
Election of remedies, action for
price as waiver of right to retake
goods, 23-1388

English rule, see Work and labor
Entire and severable contracts

Auction sales, 23-1343

Delivery and payment in instal-
ments, 23-1342

Divisibility of subject matter not
controlling, 23–1341

Indefinite quantity sold, 23-1342
Intention of parties as governing,
23-1341

Part performance, 23-1344
Severance of entire contract in
performance, 23-1344
Equitable relief of buyer, 64
Equity, enforcement of right of re-
scission, 331

Essential elements of sale, 23-1187
Estoppel, see Bona fide purchasers
Evidence (see also Parol evidence to

vary or explain contract)
Burden of proving acceptance of
goods, 23-1436

Fraud of buyer, 308-311
Sale by sample, 216

Time of delivery, 23-1369

Examination of goods sold, see In-
spection by buyer

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Exchange of goods, see Barter
Exclusive sales contracts, validity,

23-1199

Execution, see Subject matter of
sales

Execution creditors as affected by
buyer's fraud, 314

Execution sales, no warranty of title,
185

Executors and administrators as
bound by contract of decedent, 23-
1189

Executory contracts of sale (see also
Passing of title; Performance
and breach)

-

Contingency, validity of contract
depending on, 23-1261

Definition, 23-1346

Executed contracts distinguished,
23-1346

Executed contracts distinguished
as to place of sale, 23-1252
Identification of part of bulk or
mass sold, 23-1348

Measuring to be performed in fu-

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SALES-continued.

Express warranty - continued.
Affirmations as to quantity or size,

167

408

Affirmations made after agree-
ment for sale, 165
Agent's liability on warranty,
Animals, 176
Auctioneer's authority to give
warranty, 411

Breach, see Breach of warranty
Breach of warranty as defense to
action for price, 103
Breach of warranty as set-off
against seller, 105

Catalogue affirmations as war-
ranties, 164

Collateral warranty, parol evi-
dence, 23-1401

Condition, representations as to,
168

Construction of warranty. 217
Damages for breach, see War-
ranty

Dealer's talk, 169
Definition, 153

Description, sale by, 170

Expression of opinion or judg-
ment, 166

Extension by construction, 217
General warranty as covering un-
known defects, 219

Implied warranty as excluded by

express warranty, 23-1402, 178
Incomplete writings, proof of oral
warranty, 23-1400
Inspection as destroying effect of
specific description, 173
Intention of parties, 167
Known defects, 219-221
Opinion, expression of, 166
Oral warranty, written contract
of sale, 23-1399
Patent defects, 219-221
Quality of goods specified in of-
fer of sale, 165

Quality, representations as to, 168
Quantity, representations as to,
167

Questions of law and fact, 165
Representations as to quality or
condition, 168

Representations as to quantity or
size, 167

Sale by description, 170
Sale by sample, 208
Scope of article, 217

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Express warranty continued.
Second hand articles, 170

Seeds, warranty and sale of, 175
Size, representations as to, 167
Soundness, representations as to,
169

Statement of opinion or judg-
ment, 166

Technical words not required, 164
Unauthorized warranty by agent,
ratification, 413

Unknown defects as covered by
general warranty, 219

Value, representations as to, 166
What constitutes, 164

Extrinsic evidence, see Parol evi-

dence to vary or explain contract
Factors, see Consignment to agent
for sale

Factor's acts, see Bona fide pur-
chasers

Fair dealing between persons in con-
fidential relations, 296

False representations, see Fraud
Fertilizers, implied warranty as to
quality, 201

Financial condition, see Fraud
Finding lost property, unknown con-
tents of article sold, 23-1356
Fish, future catch as subject of sale,
23-1249

Fitness for intended purpose, im-

plied warranty, 187-194

F. o. b., see Free on board
Following proceeds of goods, 331
Food-

Implied warranty of quality, 195
Meals furnished by innkeeper dis-
tinguished from sale, 23-1203
Prohibiting sale of food articles,
validity of statute, 23-1190
Regulation of sales as within po-
lice power, 23-1190
Retailer's liability, 197

Sale of food articles in violation
of statute, 23-1304

Fraud (see also Bona fide purchas-
ers; Misrepresentations by buy-
Misrepresentations by

er;

seller; Remedies of seller; Re-
scission by seller) ·

Artifices by seller to conceal de-
fects, 336

Assignee for benefit of creditors
as affected by buyer's fraud,
313

SALES-continued.
Fraud-continued.

Attachment creditors as affected
by buyer's fraud, 314
Bona fide purchaser from fraud-
ulent buyer, 315
Caveat emptor rule, 332
Confidential relation between buy-
er and seller, 296
Evidence, 308-311

Execution creditors as affected by

buyer's fraud, 314

Financial condition of buyer, false
representations, 297

Financial condition of buyer, rep-
resentations, 297

Inadequacy of price as indicating
fraud, 296

Insolvency of buyer, nondisclosure
as fraud, 306

Intention of buyers not to pay,
303-306

Judgment in action for fraud as

bar to action on warranty, 237
Latent defects, nondisclosure, 333
Measure of damages against sel-
ler, 354

Misrepresentation as to buyer's
financial condition, 297
Misrepresentation by seller, 334
Misrepresentation of facts affect-
ing value, 295
Misrepresentation
contract, 23-1390
Nondisclosure of defects by seller,

332-334

of terms of

Nondisclosure of facts affecting
value, 295

Nondisclosure of insolvency by
buyer, 306

Parol evidence to show fraud in
contract, 23-1393

Patent defects, nondisclosure, 332
Proof of fraud, 308-311
Reasonable expectation of paying,
306

Representations as to buyer's fi-
nancial condition, 297
Representation as to financial con-
dition, 297

Rescission by buyer for fraud of
seller, 356

Seller's liability for fraud of
agent, 404

Trust relation between buyer and
seller, 296

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Damages for competing with bu si-
ness sold, 84

Subject of sale, 23-1311

Government contracts, construction,
23-1328

Growing crops as subject of sale,
23-1247

Guaranty distinguished from war-
ranty, 154

Husband and wife, constructive de-
livery between, 58

Identification of goods sold, neces-
sity to pass title, 23-27
Illegal sales

Action not maintainable by either
party, 23-1321

Agents' or partners' rights and
liabilities, 23-1326

Bawdy house, articles intended for
use in, 23-1312

Branding and inspection lawn,
sales in violation of, 23-1307
Business illegally conducted, sal
as valid, 23-1308

Business transacted in name of fic

titious partnership, 23-1307
Collateral matter connected with
sale, 23-1309

Conflict of laws, 23-1315

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Effect of illegality, 23-1321
Extraterritorial sales, 23-1315
Fictitious partnership, transact-
ing business in name of, 23-
1307

Food products, violation of health
statutes, 23-1304

Foreign laws, intended violation,
23-1310

Fraud of third persons or public,
23-1310

Fraudulent transfer by debtor,
23-1310

Gambling, sales in aid of, 23-1313
General rule as to illegality, 23-
1302

Goods to be peddled contrary to
law, 23-1309

Good will of business or profes-
sion, 23-1311

Immoral use intended by purchas-

er, 23-1312

Indirect illegality, 23-1309

Injury of third persons or public,
23-1310

Inspection laws, sales in violation
of, 23-1307

Intoxicating liquors sold by unli-
censed persons, 23-1303
Knowledge of seller as to buyer's
illegal purpose, 23-1317
Knowledge of seller as to buyer's
unlawful intent, 23-1310
License laws, sales in violation of,
23-1305

Lotteries, sales in aid of, 23-1313
Monopolistic purpose of sale, 23-
1309

Mortgaged personalty, sale with-
out consent of mortgagee, 23-
1303
Partial illegality, effect, 23–1323
Participation by seller in buyer's
illegal purpose, 23-1317
Passing of title, 23-1323
Patented articles, violation of

statutory regulations, 23-1304
Property owned by third person,
23-1311

Prostitution, goods sold in aid of,
23-1312

SALES continued.

Illegal sales continued.

Public policy as ground of illegal-
ity, 23-1321

Rebellion, sales in aid of, 23-1314
Rule as to effect of illegality, 23-
1302

Sunday sales, 23-1304

Violation of branding and inspec-

tion laws, 23-1307

Violation of foreign laws, 23-
1310

Violation of license laws, 23-
1305

Violation of weights and meas-

ures laws, 23-1307

Weights and measures laws, sales
in violation of, 23-1307
Illiteracy of buyer as affecting parol
evidence rule, 23-1390

Implied contracts of sale, 23-1263
Implied warranty (see also Express

warranty; Measure of damages
for breach of warranty; War-
ranty) -

Acceptance of goods as preclud-
ing action for breach, 23-1442
Adulteration as breach in sale by
description, 224

Animals, soundness and fitness,
etc., 202

Breach, see Breach of warranty
Breach of warranty as defense
to action for price, 103
Breach of warranty as set-off
against seller, 105

Breeding qualities of animals, 202
Caveat emptor, application of
rule, 179

Choses in action, genuineness, ti-
tle, etc., 204

Damages for breach, see Breach
of warranty

Defects in materials used in man-
ufacture, 194

Definition, 153, 178

Description of goods sold, 23-

1362, 173

Drugs, fitness for intended use,

201

Execution sales, 185

Express warranty as excluding
implied warranty, 23-1402,
178

Fertilizers, adaptation to pur-
pose intended, 201

SALES-continued.

Implied warranty — continued.
Fitness for intended purpose,
187-194

Food articles, soundness and
wholesomeness, 195
Food for animals, 198

Food in sealed packages, retail-
er's liability, 197
Judicial sales, 185

Latent defects, failure of seller
to disclose, 180

Machinery, fitness for use intend-
ed, 202

Manufactured goods, reasonably
skilful work, 23-1358
Manufacturer as warranting, fit-
ness for intended purpose, 192
Merchantable quality, 23-1359,
186

Merchantable quality, warranty,
23-1359

Nature of implied warranty, 178
Nursery stock, fitness for purpose
intended, 200

Patented articles, 207

Place of shipment designated by
contract, 23-1416

Plans and specifications, conform-
ity to, 191

Producer as warranting fitness
for intended purpose, 192
Provisions, soundness and whole-
someness, 195

Quality of articles sold, 179
Sales by agents, 413

Sales by description, effect of
adulteration, 224

Sales by description, scope of
warranty, 223

Sales by sample, 207, 208

Seeds, kind or brand ordered, 199
Slaves, status, soundness and the
like, 206

Soundness of animals, 202

Sound price as implying war-
ranty of soundness, 181
Test, sales subject to, 192
Title of seller, 65, 182-186
Trees for planting, reasonable fit-
ness, 200

Written contract as excluding im-
plied warranty, 23-1402
Import duties, see Customs duties
Imported goods as salable before
payment of duties, 23–1237

R. C. L. XXIV.—93.

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Increase of existing property as
subject of sale, 23-1244
Independent stipulations in con-
tract, 23-1339

Infants, capacity to purchase, 23-
1274

Information as salable commodity,
23-1235

Injunction against breach of con-
tract by seller, 64

Injuries, see Negligence in sale of
dangerous articles
Innkeepers-

Furnishing meals distinguished
from sale, 23-1203

Lien as subject to conditional
sale, 461

Insolvency of buyer-

Effect on agreement for credit,
23-1367

Nondisclosure as fraud, 306
Rescission by seller, 274

Seller's right to demand cash on
delivery, 23-1415

Insolvency of seller, effect on valid-
ity of sale, 23-1274
Inspection by buyer-

Payment of duties before inspec-
tion, recovery on rejection of
goods, 65

Reasonable time for inspection,
23-1434

Right of inspection generally, 23-
1432

Right of inspection, goods deliv-
ered by carrier, 23-1427
Sales by sample, 214
Warranty implied from descrip-

tion, effect of inspection or op-
portunity to inspect, 173
Inspection laws, sales in violation
of, 23-1307

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