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effect of delivery of writ to, on subsequent sale, 60, 61
does not warrant title, 28

SHIP,

transferred by bill of sale, 13, n.

paid for by instalments as built, 45
outside Bills of Sale Acts, 162

powers of master, 13, 52, n.

SHIPMENT,

as appropriation of goods to contract, 43, 44, 47
duty of seller on making, 70

when right of stoppage ended by, 86

list of stipulations judicially construed, 182

bill of lading as evidence of, 156, 157

SPECIAL DAMAGES,

saving for, 105

note on, 106. See DAMAGES.

SPECIFIC GOODS,

definition discussed, 119

perishing before sale complete, 19, 20

property in, may pass by contract, without delivery, 39, 40

rules to determine when property passes, 41, 44

caveat emptor usually applies to'sale of, 33, 34

contrasted with generic goods, 39, 46, 119

SPECIFIC PERFORMANCE, 102

STAMP DUTY,

bills of lading, 164, 167
delivery orders, 165, 167
warrants for goods, 166, 168

receipts for money, 166, 167

exemption of contracts of sale, 167

STATUTE OF FRAUDS, 14, 60, 61, 149. See FRAUDS.

STATUTES CITED,

2 & 3 Phil. and Mar. c. 7 (Sale of Horses), 55, 143
31 Eliz. c. 12 (Sale of Horses), 55, 146

29 Car. 2, c. 3 (Statute of Frauds), 14, 60, 149

4 Geo. 4, c. 83 (Factors), 125, 141

6 Geo. 4, c. 94 (Factors), 125, 141

9 Geo. 4, c. 14 (Lord Tenterden's Act), 14, 155

3 & 4 Will. 4, c. 42 (Recovery of Interest), 97

5 & 6 Vict. c. 39 (Factors), 125, 141

17 & 18 Vict. c. 125 (Common Law Procedure), 103

18 & 19 Vict. c. 111 (Bills of Lading), 156

19 & 20 Vict. c. 60 (Mercantile Law Amendment, Scotland), 35,
41, 78, 123

19 & 20 Vict. c. 97 (Mercantile Law Amendment, England), 60,

102, 123

24 & 25 Vict. c. 96 (Recovery of Stolen, &c., Goods), 56, 159

30 & 31 Vict. c. 48 (Sale of Land by Auction), 110, 160

37 & 38 Vict. c. 51 (Chain Cables and Anchors), 31

37 & 38 Vict. c. 62 (Infants Relief), 11

38 & 39 Vict. c. 63 (Sale of Food and Drugs), 31

40 & 41 Vict. c. 39 (Factors), 125, 141

41 & 42 Vict. c. 31 (Bills of Sale), 162

45 & 46 Vict. c. 75 (Married Women), 11

50 & 51 Vict. c. 28 (Merchandise Marks), 164

52 & 53 Vict. c. 45 (Factors), 124

53 & 54 Vict. c. 40 (Factors, Scotland), 142

53 & 54 Vict. c. 53 (Bill of Sale), 128

54 & 55 Vict. c. 35 (Bill of Sale), 128

54 & 55 Vict. c. 39 (Stamps), 164

56 & 57 Vict. c. 63 (Married Women), 12

57 & 58 Vict. c. 60, § 24 (Merchant Shipping), 13

STOLEN GOODS, 54, 56, 57

STOPPAGE IN TRANSITU,

origin of right, 76

nature of transit, 83

duration of transit, 86

how stoppage effected, 89

stoppage where contract is executory, 76

SUB-SALE,

effect of, by buyer, 58, 59, 90

SUSPENSIVE CONDITION, 6, 45, 46, 171

TENDER,

of delivery, 63, 65

of price, 96

TERMS AND STIPULATIONS,

list of, judicially construed, 182

TIME,

construction of stipulations as to, 23

reasonable, a question of fact, 109

list of stipulations judicially construed, 182, 183

TITLE,

implied undertakings as to, 27

transfer of, by sale, 51. See TRANSFER.

See also DOCUMENT OF TITLE.

TRADE-MARK,

implied warranty as to, 31, n., 164

TRANSFER,

of document of title, 137. See DOCUMENT OF TITLE.
of bill of lading, 91, 157

(a) of property as between seller and buyer—

goods must be ascertained, 39

property passes when intended to pass, 40
conditional sale of specific goods, 6, 7, 42

unconditional sale of specific deliverable goods, 41
goods not in deliverable state, 42

when price to be ascertained by seller's act, 42

TRANSFER-continued.

goods on approval or sale or return, 42, 43
appropriation of goods to contract, 43

delivery to carrier, 43, 69. See also DELIVERY.

article specially made for buyer, 44, 46

assignment of future goods, 17, 46

reservation of right of disposal, 47

risk usually passes with property, 49

(b) of title-

sale by person not the owner generally ineffectual, 51

provisions of Factors Act, 58, 59, 124. See FACTORS ACT.

special common law or statutory powers, 52

market overt, 54

sale under voidable title, 55

revesting of stolen goods on conviction, 56

seller or buyer remaining in possession, 58

effect of writs of execution, 60

common law powers of mercantile agent, 139

TRANSIT,

what constitutes, 84, 85. See STOPPAGE IN TRANSITU.

TROVER, 9, 101. See CONVERSION.

TRUSTEE (IN BANKRUPTCY),

may affirm contract, 80

may disclaim contract, 113, 114
may sell to bankrupt, 2

UNASCERTAINED GOODS,

property passes by appropriation, 39, 43

UNPAID SELLER,

who deemed to be, 75

remedies of, against the goods, 76

See SELLER'S LIEN; STOPPAGE IN TRANSITU.

UPSET PRICE, 111

USAGE OF TRADE,

to explain or annex incidents, 13, 109, 182

to import warranty or condition, 32

contrasted with rules of law, 124

VALUATION,

agreement to sell goods at, 22

VALUE,

of £10 and upwards under Statute of Frauds, 14, 150
what constitutes, under Factors Act, 132, 133

as measure of damages, 97, 98-102

VARIATION OF CONTRACT, 154

VENDOR'S LIEN. See SELLER'S LIEN.

WAGER,

when sale void as, 21

WAIVER,

of condition precedent, 25–27

of right of inspection, 34

of seller's lien, 83

of right of stoppage in transitu, 88

of tort, 9

WARRANT FOR GOODS, 166. See DOCUMENT OF TITLE.

WARRANTY,

defined, 25, 120

discussion of definition, 175

how implied, may be negatived, 108
how annexed to contract of sale, 24, 25
what affirmations operate as, 24

when condition is to be treated as, 25

implied warranty of title, and freedom from lien, 27

annexed by usage of trade, 32, 36, 109

of fitness for particular purpose, 31-34

of merchantable quality and condition, 32, 34
as to goods being of seller's own make, 33, 164
on sale by sample, 36, 37

special warranties by statute, 31, n., 164
remedies for breach of warranty, 103, 104

measure of damage for breach, 104, 105

list of warranties, judicially construed, 185, 186
Scotch law as to, 27, 104, 120

payment into Court in Scotland when breach of warranty set up,

112

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