effect of delivery of writ to, on subsequent sale, 60, 61 SHIP, transferred by bill of sale, 13, n. paid for by instalments as built, 45 powers of master, 13, 52, n. SHIPMENT, as appropriation of goods to contract, 43, 44, 47 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 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 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, 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. (a) of property as between seller and buyer— goods must be ascertained, 39 property passes when intended to pass, 40 unconditional sale of specific deliverable goods, 41 when price to be ascertained by seller's act, 42 TRANSFER-continued. goods on approval or sale or return, 42, 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 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 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 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 special warranties by statute, 31, n., 164 measure of damage for breach, 104, 105 list of warranties, judicially construed, 185, 186 payment into Court in Scotland when breach of warranty set up, 112 |