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10. Must a pledgee sell at public sale? own sale ?
Can be purchase at his
11. What are the chief "public service companies ?"
What is the duty of an innkeeper (1) in respect to providing facilities for those who come; (2) in respect to safety of goods ? 13.
Define a common carrier. What is the rule of liability for the safe carriage of goods by a common carrier ?
14. Define an Act of God. Give an example.
Could a common carrier limit its liability in case of loss by negligence.
17. What is the rule where there is an agreed valuation ?
18. When does the carrier's liability as a carrier begin ? When end? What is its liability after the liability as carrier ends?
19. Denne a document of title.
20. Is a document of title negotiable? Distinguish in legal effect between a document of title and a negotiable instrument.
How are documents of title negotiable ? 22.
State the warranties of a transferror of negotiable paper.
23. Define a sale. How does it differ from a contract to sell ? If there is a contract to sell and the seller refuses to perform, has the buyer any ownership of the goods ? Can he compel performance ? What is his remedy?
24. (1) A agrees to deliver and B agrees to accept and pay for a horse at a price to be later agreed on. Is there a sale ?
(2) Suppose the horse was actually delivered under the agreement and kept by B, but no price was ever agreed on; what rights has A?
(3) A sale at a price to be determined by the market price on a future day. Is there a sale ?
A sale between A and B at a price to be determined by C. Is there a contract? (5) A sale with no
ressly agreed upon and no stated by which it can be fixed. Is there a contract ?
25. Define a conditional sale.
26. A, being insolvent, gives his house to his sister, and sells his automobile to B at less than it is worth. A's trustee in bankruptcy attempts to set aside both transactions. Will he prevail ?
27. A ordered of B a number of automobile trucks of the kind sold by B as a part of his regular stock, and also a number of taxi cabs to be made up especially for A with a monogram on each car, the cars to be built only upon A's special order and not otherwise a regular part of the stock carried by B. They were to be painted in certain colors and to have special designs. Both contracts are oral and there has been no payment or delivery. The cars are shipped to A. He refuses to accept them and pleads the statute of frauds. Is his defense good ? 28.
A wrote a memorandum of sale upon his letterhead and handed it to B who accepted it. B afterwards sues A. A relies on the statute of frauds and claims that there is no memorandum signed as required by the statute of frauds, because, first, neither party has signed it; second because under any construction B did not sign it when the contract was made. Is either defense good?
29. Under what circumstances can an agent of one party sign his name to comply with the statute of frauds?
30. A orders an automobile from B and pays $10.00 down. А afterwards sues B for failure to deliver the car. Can B plead the statute of frauds ?
31. What is the rule as to the power to sell future goods? To contract for the sale of future goods?
32. If goods are destroyed unknown to either party before the contract is made, what is the rule? What right does the Sales Act give the purchaser in case of partial destruction or partial deterioration ?
33. Same questions where deterioration or destruction occurs after the contract is made but before the title passes.
34. A contracts to sell to B 500 reaping machines. A has on hand 1,000 machines out of which he expects to fulfill his contract with B, but B has no right to demand any specific machines.
The entire 1,000 machines are destroyed by fire. Is the contract avoided ? Why?
35. Define a warranty.
36. A bought from B a horse, B stating that the horse was "sound and all right.” The horse was afflicted with "moon eyes," which is incurable and finally results in total blindness. Plaintiff sues for breach of warranty alleging that he did not see or know of the defect when he bought the horse. Defendant contends (1) that the language does not constitute a warranty ; (2) that at any rate plaintiff must show fraud; (3) that defendant had an opportunity to inspect the horse when he bought it. (McCarty v. Williams, Ind. Ap. 108 N. E. 370.)
37. A sells B a car stating that it is a 1912 model. It is not a 1912, but an earlier model. Is A's statement a warranty? (Morris v. Flat Motor Sales Co. of Calif., 162 Pac. 663. [Cal.]).
38. A sold B "cheese" stating that it was “excellent." B claims it is not excellent and sues for breach of warranty. Is there a warranty in the use of this word ? (Maggroros V. Edson Bros., 164 N. Y. S. 377.)
39. A sold to B a specific mule for a sound price. The mule had a bone spavin but it was not discoverable upon reasonable inspection. A knew the mule had the defect and said nothing. B sues A for damages. A relies on caveat emptor. Has B a case ? (Glover V. Phillips, 174 S. W. (Tex.) 657.)
40. A was a manufacturer of farm machinery and he also dealt in windmills, which he did not manufacture. B knowing this to be true, bought some farm machinery, ordered from A's catalogue, and also a windmill ordered in the same way. Both were defective from a weakness not apparent on reasonable inspection and not known to either A or B at the time of sale or delivery. Can B recover in either case?
41. A had a contract with B whereby it was to erect for B a building according to certain specifications. A submitted the contract to C. Lumber Company and asked for a contract for lumber as required in said contract. C. Lumber Company agreed to sell A the lumber needed in said contract. What warranties were implied ? (Berger v. E. Berger & Co., 80 So. (Fla.) 296.)
42. A orders “2 Harrison Safety Boilers of 150 Horse Power each."
B, the manufacturer, knows the purpose for which they are wanted. Name all the implied warranties in this sale.
43. Describe the warranties in a sale by sample.
44. W, owner of a retail store, sold S a sealed can of herring, canned by other parties from whom W purchased at wholesale. The herring was spoiled, and S upon eating it became sick from the effect thererof. S sues W. Can S recover damages? (Sloan V. F. W. Woolworth Co., 193 Ill. Ap. 620.)
45. A, a maker of cars, sold an automobile to B, a dealer who resold to C, and C while using the car was injured on account of a defective wheel. Csues A. Must C show guilty knowledge, or can be recover on merely showing negligence on A's part?
46. What is meaning of phrase "transfer of title"?
47. A orders a wagon from B, to be made up especially for A from materials furnished by B. A sees the wagon from time to time in the progress of being built and expresses satisfaction. Before the wagon is finished and while still at B's place, B goes into bankruptcy. As between B's trustee and A, who is entitled to the wagon ?
48. A miller sold a grocer 100 bbls. of flour, same was paid for. Later after the grocer left, the miller rolled on the sidewalk 100 bbls. of flour that the grocer was to call for. Later the miller changed his mind and rolled the flour back into the mill, and the sheriff levied on the flour for a credit of the miller who was insolvent. What right has the grocer?
49. Plaintiff made a contract of sale of grapes growing on certain vines, such grapes to be picked, packed and delivered to a railroad station, and there received by defendant for prices stated. Before the grapes were picked, they were destroyed by a heavy rain storm. Plaintiff sues defendant for the price. On whom will loss fall? Why? Pfoh v. Porter, 137 Pac. 44 (- Cal. -). See also Hartley v. Lapidus & Holub Co., 216 Fed. 92. (Sale of apples then on trees to be picked and delivered by seller.)
50. A at New York consigned goods to himself at Chicago and forwarded a bill of lading indorsed in blank and with draft attached, to a bank, with directions that the bill be delivered only on payment of the draft. During transit and before delivery of the bill of lading to the purchaser, the goods were damaged by the great flood of 1913 in Ohio, and rendered practically worthless, and would not be received · by the connecting carrier there. The shipper claimed that the buyer was liable for the price. Who wins? (Brandenstein v. Geo. Rasmussen Co., 192 Ill. Ap. 545.)
51. What is meant by reservation of "jus disponendi"? In what ways may it be accomplished ?
52. Boxes were sold by A to B "f. o. scow at Seattle” (point of shipment). A made delivery on the scow. A part of the boxes were lost on the scow. A sues for the purchase price of all the boxes. B contends title has not passed as he had a right to examine the goods before acceptance. Result? Why? (Skinner v. James Griffith & Sons, 141 Pac. 693, Wash. --.)
A bought a horse from B. Agreed that B was to turn horse over to A's father C in a day or two, from whom A could get the horse when he desired. Horse turned over to C, while in C's possession horse injured by coming in contact with a wire. Suit by B for purchase price. Defense, title not passed. How should court decide ? (Kepple v. Stoddard, 193 111. Ap. 301.)
54. A, living in one county in the state, orderd whisky from B, living in another county of the state, to be shipped by B over a railroad traveling between such counties. B shipped the whisky. A law forbade the selling of whisky within one mile of a schoolhouse. B, though living more than one mile of a schoolhouse, shipped the whisky at a railroad station within one mile of a schoolhouse. B is indicted. Is he guilty ? (State v. J. Kelly & Co., 123 Tenn. 556, 36 L. R. A. N. S. 171.
A sold to B for cash, B giving a worthless check. B then resold to C an innocent purchaser for value. A, finding the check worthless, sues C for conversion of his property. Can A recover ? (B. & O. S. W. v. Good, 82 Ohio 51, 92 N. E. 435, 29 L. R. A. N. S. 713.) Notes 13 L. R. A. N. S. 809; 49 L. R. A. N. S. 173.
A is employed by B as a salesman to take orders from sainples. Orders to be filled by shipments from B. A is given certain costly samples from which to make his sales. He sells the samples to a tradesman upon whom he calls and collects the price. State wliether B bas any remedy against the purchaser, and if so, what kind of remedy he should pursue.
57. A buys an automobile from his neighbor Brown. He then tells Brown that he will not want to use it for a month and Brown can keep and use it in the meantime. A week later Brown sells to Smitl). A claims the machine from Smith. Who prevails ?
58. A sells his business to B, including the stock in trade. There is a bulk gale's act in force. It is not complied with. M is one of A's creditors. What remedy has he?
59. The Singer Sewing Machine Company made a contract with one Carver under which they delivered him a sewing machine, calling the contract a lease and the payments made thereunder rent, under which by the last payment lessee was to acquire title. The statute of the state required a conditional sales contract to be recorded to be good against innocent purchaser. Carver while still indebted sold the machine to the defendant. The contract in question was not recorded. The Sewing Machine Company sues the defendant for possession, asserting that it had title. Can plaintiff prevail?
60. A made a contract with B for sale by B to A of 20 carloads of sauer kraut, specifying "kraut of good quality, 1913 pack, equal to that furnisbed by seller during season of 1911."
Both parties, when the contract was signed, believed that the kraut was to