Drugs- Implied warranty of fitness for Regulation of sales as within po- English rule, see Work and labor Auction sales, 23-1343 Delivery and payment in instal- Divisibility of subject matter not Indefinite quantity sold, 23-1342 Part performance, 23-1344 Essential elements of sale, 23-1187 vary or explain contract) Fraud of buyer, 308-311 Time of delivery, 23-1369 Examination of goods sold, see In- Exchange of goods, see Barter 23-1199 Execution, see Subject matter of Execution creditors as affected by Execution sales, no warranty of title, Executors and administrators as Executory contracts of sale (see also - Contingency, validity of contract Definition, 23-1346 Executed contracts distinguished, Executed contracts distinguished Measuring to be performed in fu- SALES-continued. Express warranty - continued. 167 408 Affirmations made after agree- Breach, see Breach of warranty Catalogue affirmations as war- Collateral warranty, parol evi- Condition, representations as to, Construction of warranty. 217 Dealer's talk, 169 Description, sale by, 170 Expression of opinion or judg- Extension by construction, 217 Implied warranty as excluded by express warranty, 23-1402, 178 Quality, representations as to, 168 Questions of law and fact, 165 Representations as to quantity or Sale by description, 170 Express warranty continued. Seeds, warranty and sale of, 175 Statement of opinion or judg- Technical words not required, 164 Unknown defects as covered by Value, representations as to, 166 Extrinsic evidence, see Parol evi- dence to vary or explain contract Factor's acts, see Bona fide pur- Fair dealing between persons in con- False representations, see Fraud Financial condition, see Fraud Fitness for intended purpose, im- plied warranty, 187-194 F. o. b., see Free on board Implied warranty of quality, 195 Sale of food articles in violation Fraud (see also Bona fide purchas- er; seller; Remedies of seller; Re- Artifices by seller to conceal de- Assignee for benefit of creditors SALES-continued. Attachment creditors as affected Execution creditors as affected by buyer's fraud, 314 Financial condition of buyer, false Financial condition of buyer, rep- Inadequacy of price as indicating Insolvency of buyer, nondisclosure Intention of buyers not to pay, Judgment in action for fraud as bar to action on warranty, 237 Misrepresentation as to buyer's 332-334 of terms of Nondisclosure of facts affecting Nondisclosure of insolvency by Parol evidence to show fraud in Patent defects, nondisclosure, 332 Representations as to buyer's fi- Rescission by buyer for fraud of Seller's liability for fraud of Trust relation between buyer and Damages for competing with bu si- Subject of sale, 23-1311 Government contracts, construction, Growing crops as subject of sale, Guaranty distinguished from war- Husband and wife, constructive de- Identification of goods sold, neces- Action not maintainable by either Agents' or partners' rights and Bawdy house, articles intended for Branding and inspection lawn, Business transacted in name of fic titious partnership, 23-1307 Conflict of laws, 23-1315 Effect of illegality, 23-1321 Food products, violation of health Foreign laws, intended violation, Fraud of third persons or public, Fraudulent transfer by debtor, Gambling, sales in aid of, 23-1313 Goods to be peddled contrary to Good will of business or profes- Immoral use intended by purchas- er, 23-1312 Indirect illegality, 23-1309 Injury of third persons or public, Inspection laws, sales in violation Intoxicating liquors sold by unli- Lotteries, sales in aid of, 23-1313 Mortgaged personalty, sale with- statutory regulations, 23-1304 Prostitution, goods sold in aid of, SALES continued. Illegal sales continued. Public policy as ground of illegal- Rebellion, sales in aid of, 23-1314 Sunday sales, 23-1304 Violation of branding and inspec- tion laws, 23-1307 Violation of foreign laws, 23- Violation of license laws, 23- Violation of weights and meas- ures laws, 23-1307 Weights and measures laws, sales Implied contracts of sale, 23-1263 warranty; Measure of damages Acceptance of goods as preclud- Animals, soundness and fitness, Breach, see Breach of warranty Breeding qualities of animals, 202 Choses in action, genuineness, ti- Damages for breach, see Breach Defects in materials used in man- Definition, 153, 178 Description of goods sold, 23- 1362, 173 Drugs, fitness for intended use, 201 Execution sales, 185 Express warranty as excluding Fertilizers, adaptation to pur- SALES-continued. Implied warranty — continued. Food articles, soundness and Food in sealed packages, retail- Latent defects, failure of seller Machinery, fitness for use intend- Manufactured goods, reasonably Merchantable quality, warranty, Nature of implied warranty, 178 Patented articles, 207 Place of shipment designated by Plans and specifications, conform- Producer as warranting fitness Quality of articles sold, 179 Sales by description, effect of Sales by description, scope of Sales by sample, 207, 208 Seeds, kind or brand ordered, 199 Soundness of animals, 202 Sound price as implying war- Written contract as excluding im- R. C. L. XXIV.—93. Increase of existing property as Infants, capacity to purchase, 23- Information as salable commodity, Injunction against breach of con- Injuries, see Negligence in sale of Furnishing meals distinguished Lien as subject to conditional Insolvency of buyer- Effect on agreement for credit, Nondisclosure as fraud, 306 Seller's right to demand cash on Insolvency of seller, effect on valid- Payment of duties before inspec- Reasonable time for inspection, Right of inspection generally, 23- Right of inspection, goods deliv- tion, effect of inspection or op- |