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PARTNERSHIP-Continued,

Causes of dissolution, 1318–1324.

See Partners; Dissolution of Partnership; Limited Partnership, etc.
PAYMENT,

Of negotiable instrument, what constitutes, 933-937.

Of debt, when negotiable instrument constitutes, 937, 1099.

PENALTIES,

As distinguished from liquidated damages, 394-398.

PERFORMANCE OF CONTRACTS, 140-244.

In general, 140, 141.

Interpretation as affecting, 141-154.

Name of commodity, 144-147.

Specifications, reference in, 148, 149.

Term specifying amount, 149.

Contract made by correspondence-Interpretation dependent upon in-
terpretation of letters taken together, 149-151.

Interpretation of constitution as compared with interpretation of con-
tracts, 151–154.

Conditions in contracts, 154-244.

In general, 154-159.

Defined, 156.

Performance on time as a condition, 159-164.

Performance to the satisfaction of another as a condition, 164–166.
Procuring certificate of architect as a condition, 166–170.
Substantial performance in other types of contracts as conditions,

170-188.

Where strict performance is prevented by act of God, 170, 171.
Where performance of defendant is prevented by plaintiff's own
wrong, 171, 172.

Where building on land contracted to be sold is destroyed, 172,
173.

Effect of refusal of vendor's wife to release dower in conveyance
of realty, 173-176.

Constructive eviction as a condition subsequent, 176, 177.

Singer's presence as condition precedent, 177-179.

Furnishing salesman as condition precedent in sales contract,
179-183.

Immaterial breach not a condition subsequent, 183.
Warranty in the nature of a condition precedent, 184.
Truth of mere representation as condition, 184, 185.
Mutually dependent conditions, 185–188.

Breach of independent condition, 187, 188.

Tender of performance as condition, 188–193.

Divisible contracts, 193–200.

Rule under Uniform Sales Act, 198, 199.

Conditions subsequent, 200-202.

Prevention as an excuse for non-performance, 202–204.

Waiver as an excuse for non-performance, 205–211.

Anticipatory breach of contract, 212–218.

Right of party materially in default to recover for his incomplete per-
formance, 218-227.

Impossibility of performance as a condition, 227–244.

In general, 227–229.

Impossibility of raising crop on seller's land where contract does not
limit subject-matter to crop so raised, 229, 230.

Classes of events operating as conditions subsequent to excuse non-
performance, 231, 232.

Impossibility occasioned by exercise of war powers of Congress, 233-
235.

Impossibility that might have been provided against by proper stip-
ulations in contract, 235-237.

Impossibility of construction of engineering project, occasioned by
unanticipated condition of underlying soil, 237–242.

Impossibility of construction of building, occasioned by destruction
after partial completion, 242–244.

PLEDGES, 467-469.

POTENTIAL EXISTENCE,

Doctrine of, 1002, 1003.

PRESENTMENT, 903-925.

[The figures refer to pages]

Time of, for payment of demand notes, 903, 904.

Time of, for payment of demand bills of exchange, in order to charge
drawer and indorsers, except drawers of checks, 904-915.

Time of, of check, to charge drawer, 915-920.

Time of, of instrument bearing fixed date of maturity, 920, 921.
When not necessary, 921.

What constitutes, 922.

Place of, 922.

By whom, 922.

To whom, 922.

Prerequisite to dishonor, 922.

Legal effect of failure to make due presentment for payment, 923.
Excuses for failure to present for payment, 923.

For acceptance, 923-925.

When presentment for acceptance is necessary, 923.

What constitutes presentment for acceptance, 923, 924.

Legal effect of failure to present for acceptance, 924, 925.

Excuses for non-presentment for acceptance, 925.

PREVENTION OF PERFORMANCE,

Effect of, 202–204.

PROFITS AND LOSSES,

Sharing of, in partnership, 1275-1277.

PROMISSORY NOTES.

See Note, Negotiable Promissory; Negotiable In

struments; Presentment; Notice of Dishonor, etc.

PROTEST,

When permitted, 930.
When necessary, 930.
What constitutes, 931.
Time for making, 931.

Place for making, 931.

By whom protest must be made, 931.

For better security, 930.

Legal effect of failure to protest, 931.

Excuses for failure to protest, 931.

Waiver of, as waiver of notice, 929.

QUASI CONTRACT, 81-92.

Distinction between contracts implied in fact and contracts implied is
law, 89-92.

Right of drawee to recover money paid holder under mistake, 840–854.
RATIFICATION,

Of contract as making principal liable for negligent tort connected with
contract, 537, 538.

Of contract as adopting disability resulting from fraud of agent, 538-540
Of sale as carrying with it power to receive payment, 540.

Of forgery, 541-543.

Of contract, by stranger, not possible, unless stranger is named by un
authorized agent as principal, 543–545.

Of fire insurance policy by insured, not possible after loss, 545-547.

REALITY OF CONSENT, 289-313.

See Mistake, Fraud, Duress, Undue Influence.

RECEIVERSHIP, 440-442.

RELEASE,

Discharge of contract by, 282, 283.

REMEDIES, 388-442.

In general, 388, 389.

Damages, measure of, 389-398, 1125-1127, 1205-1211.

In general, 389-394.

Liquidated damages and penalties, 394-398.

REMEDIES-Continued,

In sales,

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In action by buyer for breach of contract to sell, 1125–1127.

In action by seller for breach of contract to purchase, 1207-1211.
In action by buyer for breach of warranty, 1205–1207.

Rescission, 398-401, 1197-1203.

Judgments, 401, 402.

Executions, 403.

Garnishment, 403-406.

Attachment of property, 406–410.

Specific performance, 410-416.

In general, 410-412.

Inadequacy of legal remedy as affecting right to, 412–414.

Of contract to sell land, 412-413.

Of contract to purchase stock, 413, 414.

Of contract of which the performance would require much court su-
pervision, 414-416.

Of contract to sell goods, 1212-1214.

Injunction, 416-419.

In general, 416, 417.

Enjoining employé of unique value from working for competitor in
violation of contract of employment, 417–419.

Attachment for contempt, 419–421.

Bankruptcy, 421-422.

See Bankruptcy.

Receiverships, 440-442.

Of buyer of goods, 1183–1214.

Of seller of goods, 1093-1127.

RESCISSION OF CONTRACTS, 398–401.

RESTRAINT OF TRADE, AGREEMENTS IN,
See Illegality.

REWARD,

Duration of public offer of, 38-41.

SALES, Part IV, 951-1214.

Introduction, 951, 952.

Contract to sell, statutory definition, 975.

Sale, statutory definition, 975.

When title passes, 953-1035.

Ascertained goods, 953-988.

General statutory rule, 960.

Conduct, usages and circumstances as showing intention of par-
ties, 957.

Title passes when parties intend, 954-959.

Presumptively title passes when contract is made, 959-976.
Postponement of time of payment or delivery immaterial, 959.
Where something remains to be done to the goods by the seller,
966, 967.

Where only weighing or measuring must be done to ascertain
price, 967.

Where sale is on credit, 968-971.

Presumption of immediate passage of title overcome by proof
that parties intended cash sale, 971-976.

Contracts on sale or return and contracts to sell on approval,
distinction as to passage of title, 976-984.

Conditional sales, 985-988.

Unascertained goods, 989-1035.

In general, 989-991.

Unconditional appropriation, acts of, 991-997, 1018.

Unconditional appropriation, acts of, with respect to only a por-

tion of the goods, 997-1000.

Fungible goods, acts of unconditional appropriation not neces-
sary, 1000-1002.

Sale of undivided share, 1000.

Goods not in existence at date of contract, 1002–1006.

SALES-Continued,

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Passing of title on delivery to carrier or other bailee, 614, 1006-
1027.

"Collect on delivery," effect of, upon passage of title on delivery
to carrier, 1010, 1011.

When title passes, if contract requires seller to deliver to buyer

or at particular place, 1015, 1016.

Same, when freight is to be deducted from price, 1022.

Under "c. i. f." contract, 1022-1024.

Form of bill of lading, effect of, upon passing of title, 1028-1035.
Effect of retention of right of disposal by seller, 1028-1033.

Straight bills and order bills of lading, 1029.

Advantages of retaining the right of disposal, 1033-1035.

Powers of non-owners to transfer title to innocent purchasers, 1036–1062.
In general, 1036-1042.

Does not arise from mere possession, 504, 505.

Estoppel of owner to deny custodian's power to transfer title, 1042-
1045.

Voidable title, sale by one having, 1046-1049.

Seller in possession of goods already sold, sale by, 1050-1053.
Right of creditors against goods sold in seller's possession, 1054.

Right of creditors against goods sold in violation of bulk sales acts,
1054-1062.

Negotiable documents of title, 1063–1092.

Introduction, 1063, 1064.

Statutory definition, 1064.

Words signifying negotiability or non-negotiability, 1065.
Negotiation, 1066-1068.

Rights of indorsee, 1068-1086.

Rights of indorsee against indorsers, 1086-1089.

Rights of creditors against goods represented by, 1090.

Rights of transferees of non-negotiable documents of title, 1090-1092.
Remedies of unpaid seller, 1093-1127.

Introduction, 1093.

Action for purchase price, 1093-1098.

Where title has already passed to buyer, 1093, 1094.

Where title has not passed but buyer has agreed to pay price on
day certain, 1094-1098.

Right of rescission, 1123–1125.

Seller's rights against goods in general, 1098–1125.

Introduction, 1098-1099.

Who are unpaid sellers, 1099-1102.

Under what circumstances may unpaid seller exercise rights
against goods, 1102-1108.

Unpaid seller's lien, 1099-1108, 1110, 1118-1120.

Right to resell, 1102, 1120-1123.

Loss of seller's lien by delivery to carrier or other bailee without
reserving property or right to possession, 1104.

Loss of seller's lien by buyer's lawfully getting possession, 1104.
Loss of seller's lien by waiver, 1104.

Judgment for seller for price of goods does not destroy lien, 1105.
Stoppage in transitu, right of, 1105-1108, 1110-1118.

See Stoppage in Transitu, Right of.

Right to damages for breach of contract, 1125–1127.

Measure of damages, 1109, 1110.

Warranties, 1128-1182.

See Warranties.

Buyer, rights and remedies of, 1183-1214.

Introduction, 1183.

Right of buyer to examine goods, 1183-1190.

Acceptance, nature and consequences of, 1190–1193.

Return goods not accepted because of noncompliance with contract,
buyer under no duty to, 1193-1195.

Breach of warranty, buyer's remedies for, 1195–1207.

In general, 1195, 1196.

Right to refuse to accept goods, 1196, 1197.

1

SALES-Continued,

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Right of rescission, 1197-1203.

Recoupment, setting up breach of warranty as, 1203, 1204.
Action for breach of warranty, 1204-1207.

Measure of damages for breach of warranty, 1205–1207.
Warranty, existence and nature of,

See Warranties.

Right to recover damages for breach of contract to sell, 1207-
1211.

Measure of damages for breach of contract to sell, 1207-1211.
Right to sue seller for conversion, 1211-1212.

Right to specific performance, 1212-1214.

SEALED INSTRUMENTS, 137–139.

SPECIFIC PERFORMANCE OF CONTRACTS, 410-416.

See Remedies.

STATUTE OF FRAUDS, 362-387.

In general, 362–363.

Contracts of guaranty, 363-367.

Contracts of executor and administrator, 367, 368.

Consideration of marriage, 368.

Sales of land, 369-373.

Not to be performed in one year, 374-376.

Promise to be performed at an uncertain time, 374-375.

Difference between excuse by death and performance by death, 374-
375.

For a year's service to begin in future, 375, 376.

When year begins and ends, 375, 376.

Sales of goods, 376–379.

Under Uniform Sales Act, 376, 377.

One contract of sale for several articles, each under the value named

in the statute, or several separate contracts, each without the
statute, 378, 379.

Part payment, 382, 383.

Acceptance of goods as taking case out of statute, 376, 379–381.
Compliance with the statute, 380-387.

Essentials of memorandum, 383, 384.

The signature required, 383, 384.

Several letters or documents as memorandum, 386.

Oral ratification of written agreement, 386.

Power to validate an oral contract, 384-387.

Non-compliance, effect of, 384–387.

As prescribing a rule of evidence, 384, 385.

Effect of full performance by one party, 372, 373.

Part performance, 373.

Rescission of written contract by parol agreement, 386.

Contracts not within,

Promise for beneficial consideration to pay another's debt, 364, 367.
Promise to pay debt of another in consideration of forbearance to
sue debtor, 365, 366.

Engagement to marry, 368.

Sale of house, to be severed, 370–372.

Sale of growing crops, 372.

Contract to be performed at an uncertain time, 374, 375.

Contract not to compete for five years, 374, 375.

To make a chattel to special order, 377, 378.

STATUTE OF LIMITATIONS,

Running of statute not a discharge, 288.

STOPPAGE IN TRANSITU, RIGHT OF, 1105-1108, 1110-1118.

In general, 1105, 1110, 1111.

Insolvent, statutory definitions, 1105, 1106.

"In transit," statutory definition, 1106, 1107.

Duration of "transit," 1111, 1112.

Effect of indorsement of bill of lading by consignee after carrier's receipt
of stoppage order, 1111, 1112.

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