CONSIDERATION, in money, in whole or part, necessary to contract of sale, 2, 5. consideration under sect. 4 one of the material terms of contract, 46. promise" going to" the whole, is a condition, 71, 72. receipt of part of, turns condition into warranty, 73, 74. a warranty after sale requires a new, 108. title acquired for valuable, when not affected by writ of execution sub-buyer, &c., receiving document of title must give valuable, to price recoverable when the, therefor has failed, 68, 74, 75, 86, 293, 294. must wholly fail, but there may be a total failure of part of, 294. to justify repudiation of contract, misrepresentation or mistake of CONSIGNATION, in Scotland, 303. CONSIGNOR, when in the position of an "unpaid seller," 212. CONSTRUCTION OF CONTRACT, whether agreement a sale or an agreement to sell depends on, 7. whether stipulation is a condition or warranty depends on, 70-72. rules for ascertaining intention as to transfer of property are rules of whether seller to send, or buyer to take goods, depends on, 181. a question of the, whether breaches of instalment contracts are vital, CONTINGENCY, parol evidence admissible to show that memorandum under sect. 4 acquisition of goods by seller may depend on, 54, 55. 66 sale of goods to arrive" depends on double, 55, 56. contracts from which it is distinguished on the ground of transfer of name and motive of contract immaterial if intention to sell, 4, 5. Form of Contract, how made generally, or under special statute, 18. wholly or partly in writing, 19. inclusion by implication of trade usages, &c., 19. implied from conduct of parties, 19, 191, 194. quasi contracts. See Quasi Contracts. illustrations of the formalities of the contract, 20, 21. CONTRACT OF SALE-continued. Of the Value of £10, such contracts unenforceable under sect. 4, without note or or acceptance and actual receipt, 21. See Acceptance; Actual or earnest or part payment, 21. See Earnest or Part Payment. one or other of above requirements must be satisfied before distinction between memorandum and other requisites of what are contracts "of the value of £10," 27, 28. meaning of "not enforceable by action," 28, 29. what other remedies remain, 29, 30. rights against third persons, semble, not affected by changed Subject-matter, of contract of sale, 53. existing and future goods, 53, 54. no wager must be involved, 54, 55. acquisition of future goods by seller may depend on contingency, 55. sale of a chance distinguished, 55. sale of goods" to arrive," 55. no warranty of arrival here, but a double contingency, 55, 56. a present sale of future goods equivalent to agreement to sell, difference between things having, or not, a potential existence difference between rules of law and equity as to present sales of passing of property in both classes, 57, 58. qy. whether potential existence of future goods would now be contract of sale of specific goods which have perished, void, 58. 66 'specific goods" defined, 58, 314. contract for sale of specific goods which afterwards perish, when Price. See Price; Performance. Conditions and Warranties. See Condition and Warranty. Transfer of Property, rules as to the transfer of the property, 110 et seq. 66 'property" defined, 111, 313. goods must be ascertained, 110, 111. ascertainment a condition precedent to sale under sect. 1 (4)...111. or, as before the Act, final appropriation, 112. distinction between contract for chattel to be manufactured, and ascertainment of an entire quantity of goods to be supplied as a illustrations of the transfer of the property in unascertained CONTRACT OF SALE-continued. Transfer of Property-continued. property in specific or ascertained goods passes according to rules for ascertaining intention, 113, 116. Mr. Benjamin's third rule, viz., fulfilment by buyer of condition, probable meaning of "specific or ascertained," 115. illustrations of the transfer of the property in specific goods, 116. subject-matter, specific goods in deliverable state, 117, 118. 66 specific goods" defined, 118, 314. "deliverable state" defined, 118, 315. illustration, 119. Lord Blackburn's first rule as to specific goods to be put by notice to the buyer of such state, new, 119, 120, 122. transfer of property by agreement in specific goods not in deliver- decisions on this point classified with their salient facts, 121, 122. Lord Blackburn's second rule as to specific deliverable goods to notice to buyer of facts, new, 124. illustrations of specific goods to be measured, &c., 124, 125. Delivery on Approval, &c., goods delivered on sale or return, approval, &c., 125, 126. the same condition here binds the contract and passes the pro- difference between "sale and return," and agency, 126. property passes by approval or acceptance or unreasonable re- facts from which approval will be implied, 126. reasonableness of trial of goods a question of fact, 127. 128. reasonable time for return is a question of fact, 125, 128, 298. goods delivered "on approval," &c., within "order and disposi- bailee probably a person who had "agreed to buy" under illustrations of the delivery of goods on approval, &c., 129. Appropriation, transfer of property by appropriation of unascertained or future mutual assent thereto, when and how given, 129, 130, 132, 133. appropriation under authority involves the determination of an such determination a question of law, 131. CONTRACT OF SALE-continued. subsequent assent to an appropriation a question of fact, 131. authority to appropriate, when presumed, 132. appropriation must be in accordance with contract, 129, 132, 135. irregular appropriation, when revocable, 133. appropriation must be unconditional, 129, 133. delivery to a carrier does not pass property unless sect. 4 satis- carrier may be named by buyer, 129, 135. if specified, delivery must be to him, 135. effect of agreement by seller to deliver at destination, 135. seller may reserve right of disposal, and retain property, 135, 136. illustrations of appropriation by delivery to carrier, 135, 136. right applies both to specific and to subsequently appropriated various ways in which it may be reserved, 137. how such right prima facie reserved in shipment, 136, 138, 139. bill of lading sent direct to buyer, 139. effect of transmission to buyer of bill of lading and bill of ex- qy., is the previous law on this point changed? 140-142. illustrations of the reservation of the right of disposal, 142, 143. duties of parties in performance. See Performance. rights of unpaid seller against goods. See Unpaid Seller. breach of contract. See Action. contract rescinded by seller's exercise of express power of sale, interpretation of contract by usage, &c. See Right, Duty, and at auction. See Auction and Auctioneer. provisions of Act with regard to contracts of sale do not apply to Risk of Goods. See Risk. Title to Goods. See Title. CONVERSION, carrier, after valid stoppage, failing to re-deliver goods, guilty of, 254. judgment for, of goods and satisfaction a quasi-contract of sale, 20. CONVICT, incompetent to contract, 9. CONVICTION, by, of thief, property in goods stolen revests, when, 156. CORPORATION, formalities of contracts by, preserved, 18, 20. COSTS, of buyer's reasonable defence against sub-buyer, when recoverable COUNTERCLAIM, instead of cross action, 288. COURSE OF DEALING, may modify implied rights, 295, 296. may determine price, 61. or quantity of goods deliverable, 188, 192. mere, cannot make a document one of title, 257, 259. COURT, time of delivery, when fixed in writing, for the, 182. when a question for, whether representation amounts to warranty or sale under order of, good, 148, 150. whether goods are prima facie necessary, for, 16. whether acts show a final appropriation of goods, for the, 131. sale of perishable goods by order of, 267. CREDIT, when buyer entitled to, for payment, 175, 176, 271, 272. when given, buyer entitled to immediate possession of goods, 176. effect of bill or note on, 175, 176. seller's right under agreement to sell of withholding delivery in spite of, given, 218. when sale without stipulation as to, seller has lien, 219. or when, expired, 219. sale on, a waiver of lien, 220, 232. on insolvency, in spite of, lien revives, 220, 221. trade usage modifying terms of, 221. no action for price till termination of, 271. CROWN, when not bound by delivery of writ to sheriff, 171. not bound by a sale in market overt, 150. CUSTODIER. See Bailee. CUSTOM. See Trade Usage. CUSTOMS DUTIES, changed since contract, may modify price of goods, 61. DAMAGES, either party preventing valuation, liable in, 62, 64. seller liable in, for loss or damage caused by defective delivery to buyer's liability for default in taking delivery, 208. liability of seller after a re-sale, 265. right of buyer to, for conversion of goods, 270. liability of buyer after a re-sale by seller under express power, liability of parties for non-delivery, non-acceptance, breach of plaintiff's duty to mitigate, if possible, 276, 281. special, rule as to, 290 et seq. DATE, of bill of lading, may be a condition, 67. "DAYS," meaning of, with regard to time of delivery, 183. |