[The figures refer to pages] PARTNERSHIP-Continued, Causes of dissolution, 1318–1324. See Partners; Dissolution of Partnership; Limited Partnership, etc. 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- Interpretation of constitution as compared with interpretation of con- 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. 170-188. Where strict performance is prevented by act of God, 170, 171. Where building on land contracted to be sold is destroyed, 172, Effect of refusal of vendor's wife to release dower in conveyance Constructive eviction as a condition subsequent, 176, 177. Singer's presence as condition precedent, 177-179. Furnishing salesman as condition precedent in sales contract, Immaterial breach not a condition subsequent, 183. 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- Impossibility of performance as a condition, 227–244. In general, 227–229. Impossibility of raising crop on seller's land where contract does not Classes of events operating as conditions subsequent to excuse non- Impossibility occasioned by exercise of war powers of Congress, 233- Impossibility that might have been provided against by proper stip- Impossibility of construction of engineering project, occasioned by Impossibility of construction of building, occasioned by destruction 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 Time of, of check, to charge drawer, 915-920. Time of, of instrument bearing fixed date of maturity, 920, 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. 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. 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 Right of drawee to recover money paid holder under mistake, 840–854. Of contract as making principal liable for negligent tort connected with Of contract as adopting disability resulting from fraud of agent, 538-540 Of forgery, 541-543. Of contract, by stranger, not possible, unless stranger is named by un 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, [The figures refer to pages In action by buyer for breach of contract to sell, 1125–1127. In action by seller for breach of contract to purchase, 1207-1211. 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- Of contract to sell goods, 1212-1214. Injunction, 416-419. In general, 416, 417. Enjoining employé of unique value from working for competitor in 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, 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- Title passes when parties intend, 954-959. Presumptively title passes when contract is made, 959-976. Where only weighing or measuring must be done to ascertain Where sale is on credit, 968-971. Presumption of immediate passage of title overcome by proof Contracts on sale or return and contracts to sell on approval, 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- Sale of undivided share, 1000. Goods not in existence at date of contract, 1002–1006. SALES-Continued, [The figures refer to pages] Passing of title on delivery to carrier or other bailee, 614, 1006- "Collect on delivery," effect of, upon passage of title on delivery 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. 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. Does not arise from mere possession, 504, 505. Estoppel of owner to deny custodian's power to transfer title, 1042- 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 violation of bulk sales acts, Negotiable documents of title, 1063–1092. Introduction, 1063, 1064. Statutory definition, 1064. Words signifying negotiability or non-negotiability, 1065. 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. 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 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 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 Loss of seller's lien by buyer's lawfully getting possession, 1104. Judgment for seller for price of goods does not destroy lien, 1105. 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, Breach of warranty, buyer's remedies for, 1195–1207. In general, 1195, 1196. Right to refuse to accept goods, 1196, 1197. 1 SALES-Continued, [The figures refer to pages] Right of rescission, 1197-1203. Recoupment, setting up breach of warranty as, 1203, 1204. Measure of damages for breach of warranty, 1205–1207. See Warranties. Right to recover damages for breach of contract to sell, 1207- Measure of damages for breach of contract to sell, 1207-1211. 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- 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 Part payment, 382, 383. Acceptance of goods as taking case out of statute, 376, 379–381. 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. 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 |