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

William Mark McKinney, Burdett Alberto Rich

Edward Thompson Company, 1919 - Law

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Page 3
... Defects as to Quality or the Like 349. Wrongful Competing with Business Sold 350. Duty of Buyer as to Minimizing Damages Generally 351. Duty to Purchase from Seller on Other Terms XII . Remedies of Seller Generally 352. Preliminary ...

Page 6
... Defects in Materials Used in Manufacture 467. Sale of Provisions ; General Rule 468. Qualification of General Rule ... Defects Common to Sample and Bulk 482. Usage of Trade as Extending or Varying Warranty 483. Sale by Description or by ...

Page 7
... Defects 491. Known and Patent Defects ; Majority View 492. Minority View as to Patent Defects 493. Character of Defect Included in Majority View 494. Warranty of Seeds and Nursery Stock 495. Warranty in Sale by Description Generally 496 ...

Page 9
... Defects 621. Nondisclosure of Latent Defects 622. Misrepresentations Generally 623. Time of Making of Misrepresentations 624. Misrepresentations by or to Third Persons 625. Artifices to Conceal Defects 626. Materiality of Representation ...

Page 69
... defects in quality or the like . 14. Porter v . Rose , 12 Johns . ( N. Y. ) 209 , 7 Am . Dec. 306 ; Morton v . Lamb , 7 T. R. 125 , 4 Rev. Rep . 395 , 23 Eng . Rul . Cas . 500 . 15. Porter v . Rose , 12 Johns . ( N. Y. ) 209 , 7 Am ...

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Table of Contents

Index

SALES ON APPROVAL XXII CONTRACTS FOR PAYMENT IN COMMODITIES XXIII CONDITIONAL SALES	12

NEGLIGENCE IN SALE OF DANGEROUS ARTICLES 274 In General X Passing of Title BETWEEN BUYER AND SELLER	14

Question of Intention	15

Effect of Provision as to Risk or Insurance	16

Effect of Delivery of Bill of Sale 278 Transfer of Bill of Lading or Warehouse Receipt	17

Acts Remaining to Be Done to Subject Matter Generally	18

Transportation and Inspection	19

Price to Be Fixed Generally 282 Weighing Measuring or Counting to Fix Price Generally	20

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

Qualification of Rule as to Measuring etc Intention of Parties	21

Payment of Price 285 Identification of Subject Matter Generally	23

Sale of Part of Mass Necessity for Segregation Generally	24

Qualification of Rule as to Segregation	25

Sufficiency of Identification or Segregation from Mass	26

Effect of Delivery of Part or Entire Mass 290 Application of General Rule	28

Grain and Flour	29

Article to Be Manufactured or Produced Generally	30

Prior to Completion Generally	31

Approval by Buyer during Manufacture or Construction 295 Vessels	32

After Completion Generally	33

Approval and Acceptance by Buyer	34

Necessity for Delivery Generally	35

Property in Hands of Third Person	36

Effect of Delivery Generally	37

Effect of Mistake in Character of Property Delivered 302 Conditional Delivery	38

Delivery to Third Person Generally 304 Delivery to Carrier Generally	40

Qualification of General Rule	42

Form and Retention of Bill of Lading Generally	43

Bill of Lading Taken in Name of Seller	44

F O B Shipments	48

AS BETWEEN BUYER AND THIRD PERSONS 312 As against Subsequent Purchasers Generally	49

As against Creditors of Seller Generally	50

Fffect of Notice of Sale or Subsequent Taking of Possession	52

Sale of Property Having Potential Existence Only 316 Delivery to Third Person 317 Constructive Delivery Generally	53

General Application of Rule as to Constructive Delivery	54

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 XI Remedies of Buyer Generally	63

Equitable Relief	64

Recovery of Price Generally	65

Shortage in Delivery	66

Recovery of Advance Payments on Default of Buyer	67

Action for Damages Generally	68

Measure of Damages Generally	69

Repurchase on Account of Seller	71

Determination of Market Value Time and Place Generally	72

Absence of General Market at Time or Place of Delivery	73

Interest	74

In General ACTION FOR PRICE	89

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

Common Law Rule as to Lien after Delivery	127

Lien Created by Agreement	128

STOPPAGE IN TRANSITU	129

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

Warranty of Title General Rule	182

Exceptions to Rule Generally	184

Want of Possession by Seller 457 Judicial and Execution Sales	185

Merchantable Quality	186

Fitness for Intended Purpose General Rule	187

Minority Rule as to Warranty of Fitness 461 Extent and Qualification of Rule Generally	189

Article Conforming to Plans and Specifications	191

Sale Subject to Test 464 Sale by Manufacturer or Producer General Rule	192

Extent and Qualification of General Rule	193

Defects in Materials Used in Manufacture	194

Sale of Provisions General Rule	195

Qualification of General Rule	197

Sale of Provender for Animals	198

Sale of Seeds	199

Sale of Nursery Stock	200

Sale of Fertilizers 473 Sale of Drugs	201

Sale of Animals 475 Sale of Machinery	202

Sale of Chose in Action	204

Sale of Slave Patented Article and Patent Rights	206

SALE BY SAMPLE 478 In General	207

Nature of Warranty	208

Extent of Warranty Generally	209

Latent Defects Common to Sample and Bulk 482 Usage of Trade as Extending or Varying Warranty	211

Sale by Description or by Manufacturer and by Sample	212

What Constitutes Sale by Sample Generally	213

Opportunity for Inspection	214

Contract for Sale of Articles Not in Esse	215

Proof of Sale by Sample Generally 488 Admissibility of Oral Evidence to Show Sale by Sample	216

In General CONSTRUCTION AND SCOPE OF WARRANTY	217

Unknown Defects 491 Known and Patent Defects Majority View	219

Minority View as to Patent Defects 493 Character of Defect Included in Majority View	220

Warranty of Seeds and Nursery Stock	222

Warranty in Sale by Description Generally	223

Effect of Adulteration 497 Warranty of Soundness of Animal or Slave Generally	224

Open Defects in Animal or Slave 499 Time of Existence of Defects	225

Particular Defects Constituting Unsoundness	226

Vices as Unsoundness	227

Pregnancy Sterility and Barrenness 503 Proof of Unsoundness	228

Warranty of Title General Scope and Effect	230

Necessity for Dispossession or Loss Minority View 506 Majority View as to Necessity for Dispossession or Loss	231

Proof of Sellers Want of Title Generally 508 Effect of U S Brand	233

In General CLAIM FOR DAMAGES GENERALLY	234

Effect of Rescission on Claim for Damages Generally	235

Where Price Has Been Paid or Note Therefor Given	236

Judgment in Action for Fraud as Bar 513 Limitation of Actions Generally	237

Warranty of Title	238

Waiver of Breach Generally	239

Effect of Resale by Buyer	240

Right of Seller to Remedy Defects or Substitute Another Article	241

Form of Action Generally 519 Action on the Case	242

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

In General XV Rescission of Sale Generally GENERAL PRINCIPLES	271

Default of Seller Generally	272

Fraud FRAUD OF BUYER 578 Nondisclosure or Misrepresentation of Facts Affecting Value	295

Inadequacy of Price Relation of Trust or Confidence	296

Representations as to Financial Condition Generally	297

Wilfulness of Misrepresentation Existence of Intention to Pay 582 Time of Representations and Reliance of Seller Thereon	299

Representations Made to Third Persons Generally 584 Representations to Commercial Agency Generally	300

Representations to Mercantile Agency as Affected by Time of Making 586 Representations by Third Persons	302

Intention of Buyer Not to Pay General Rule	303

Minority Rule as to Intention Not to Pay 589 Time of Forming Intention Not to	305

Want of Reasonable Expectations of Paying 591 Nondisclosure of Insolvency	306

Rescission by Seller Generally 593 Proof of Fraud Generally	308

O D Shipments	309

Risk of Destruction or Loss of Property	310

Revesting Title in Seller	311

Purchasers with Notice of Fraud	312

Assignee for Benefit of Creditors Trustee in Bankruptcy Receiver	313

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

Action of Deceit	329

Assumpsit for Price or Value	330

Suit in Equity 618 Following Proceeds of Goods	331

FRAUD OF SELLER 619 Rule of Caveat Emptor Generally 620 Nondisclosure of Patent Defects	332

Nondisclosure of Latent Defects	333

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	347

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 GENERAL PRINCIPLES	352

Joinder and Splitting Causes of Action	353

Suit in Equity	354

Complaint in Action for Price	366

Defenses to Action for Price Generally	367

Inconsistent Defenses	368

Countermand of Order by Buyer	369

Breach of Warranty and Fraud as Defense	370

Setoff Recoupment and Counterclaim Generally	371

Claims Arising Out of Contract of Sale Generally	372

Damages for Breach of Warranty Negligence or Fraud	373

Right of Recoupment as Affected by Giving Note for Price	374

Pleading Defenses	375

Where Title Has Passed to Buyer	376

Executory Contracts of Sale	377

Notice of Resale	378

Conduct and Expenses of Sale Generally	379

Place of Sale	380

Effect of Purchase by Seller or Buyer	381

Conclusiveness of Resale as Fixing Damages	382

In General	383

Time of Bringing Action	384

Pleading	385

Measure of Damages Generally	386

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

Definition and Origin of Right	399

Special Circumstances as Affecting Right	400

Who May Exercise Right Generally	401

Agent of Seller	402

Insolvency of Buyer Generally	403

Time When Insolvency Occurs	404

Nonpayment of Price	405

Against Whom Right Enforceable Generally	406

Execution and Attachment Creditors	407

Assignee for Creditors or in Bankruptcy	408

Resale Generally	409

Transfer of Bill of Lading or Other Documents of Title	410

Who Are Bona Fide Transferees for Value	411

When Goods Considered in Transitu Generally	412

Buyers Ownership of Means of Conveyance	413

Delivery to Agent of Buyer Generally	414

Right as Affected by Termination of Transit Generally	415

Demand by Buyer as Terminating Transit	416

Sufficiency of Delivery to Terminate Transit Generally	417

Notice of Arrival Warehousing Goods Landing on Wharf	418

Interception during Transit Continuity of Original Shipment Reship ment	419

Delivery of Part	420

Exercise of Right Generally	421

Effect of Exercise of Right Generally	422

Duty of Carrier or Middleman after Notice from Seller	423

Enforcement and Waiver of Right	424

Definition and Nature	425

Time of Warranty Consideration	426

Conditions Legality of Sale	427

Executory Contracts of Sale Generally	428

Conditional Sales Goods Not in Esse	429

Parties to Warranty Generally	430

Liability of Seller to Third Persons Generally	431

Subsequent Purchasers	432

Novation of Contract or Assignment of Cause of Action	433

Rights of Surety for Price	434

Proof of Breach of Warranty Generally	435

Proof by Comparison or Contrast	436

In General EXPRESS WARRANTIES	437

Questions of Law and Fact Generally	438

Statement of Opinion or Judgment	439

Intention of Parties	440

Pleadings	520

In General NOTICE OF DEFECTS	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 Form	529

Compliance with Provision for Return	530

Waiver of Return	531

General Rule MEASURE OF DAMAGES	532

Determination of Value in Defective Condition	533

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

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

Copyright

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Common terms and phrases

agent agreed price article sold better view bill of lading breach of warranty British Rul buyer carrier caveat emptor chattel claim commodity condition Conn contract of sale court court of equity creditors damages for breach default defendant delivered Dord effect entitled express warranty fact fraud fraudulent Grat Hill N. Y. implied warranty infra insolvency instalments intention jurisdictions liability lien Mach maintain an action manufacturer market value Mass Miller Minn Newhall Note notice Ohio St ordinarily paid parties patent payment possession purchaser purpose ranty reason recover recovery replevin representations resale rescission resell right of stoppage rule sale by sample seed sell seller seller's right shipped stoppage in transitu supra tender Tenn third person tion U. S. L warranty of soundness warranty of title Wend

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Bibliographic information

Title	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 ..., Volume 24 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, William Mark McKinney
Editors	William Mark McKinney, Burdett Alberto Rich
Publisher	Edward Thompson Company, 1919

Export Citation	BiBTeX EndNote RefMan

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