Delivery to carrier to pass property. by the defendants as common carriers, to be delivered to the purchaser as consignee, and that the name of the consignee was made known to the defendants at the time of the delivery. Under such circumstances the ordinary inference is that the contract of carriage is between the carrier and the consignee, the consignor being the agent for the consignee to make it. It appears to us that there is evidence also that at the time of the delivery there was a specific mention that the freight was to be paid by the consignee. Under such circumstances the inference is almost irresistible that the contract for carriage in the present case was the ordinary contract for carriage at the risk and under the control of the consignee." 1 1 Cork Distilleries Co. v. G. S. Railway (1874), L. R. 7 H. L., at p. 277. INDEX. "ABOUT," as affecting quantity of goods, 68, 185, 186 ACCEPTANCE, under Statute of Frauds, 14, 15, 151 in performance of contract, 72 after breach of condition, 26 after breach of warranty, 103 See also ACTION; BUYER. ACCESSORIES, 51 ACT. See SALE OF GOODS ACT; STATUTES. ACTION, defined, 114 provisions of Act enforceable by, 110 breach of warranty of title, 29, 103 delay in taking delivery, 74 to recover stolen goods when thief convicted, 56, 57 to enforce stoppage in transitu, 89, 90 to recover price, 95 for non-acceptance, 97 for non-delivery, 98 for delayed delivery, 101 to enforce specific performance, 102 for conversion or detinue, 101 breach of warranty of quality, 103 for damages on loss by re-sale, 93, 94 effect of judgment in conversion or detinue, 9 for not giving bill for price, 96 by assignee of bill of lading, 156, 157 quanti minoris in Scotland, 27, 105, 112 ACTUAL RECEIPT, 14, 151 AFTER-ACQUIRED PROPERTY, transfer of, 16, 17, 44, 46 AGENCY, application of general law, 10, 12, 113 of wife, 12 agent to sell must not buy himself, 3 AGREEMENT TO SELL, defined, 2 distinguished from sale, 7 concerning future goods, 16, 18, 20 "ALL FAULTS," sale with, 186 ANTECEDENT DEBT, transfer of bill of lading for, 91 pledge of document of title for, 132 APPARENT OWNERSHIP, does not give title to sell, 51, 52 APPARENT POSSESSION, 163 APPROPRIATION, of goods to contract, 43, 44 APPROVAL, sale on, 42, 43, 45 ARRIVAL, sale of goods" to arrive," 181, 183 ASSENT, to appropriation of goods to contract, 43, 46 of seller to sub-sale, 90 induced by fraud, 9, 13, 55, 56 when presumed from delay, 73 ASSIGNMENT, of future goods, 16, 17, 44, 46 ATTACHMENT IN SCOTLAND, 78 ATTORNMENT, delivery effected by, 64, 115 of carrier, to end stoppage in transitu, 86, 87 AUCTION, rules as to sales by, 110 auctioneer agent to sign, 153 sale of land by, 160 BAILEE, includes custodier in Scotland, 114 delivery by attornment of, 115 buyer or seller as bailee for the other, 49, 51 BAILMENT, distinguished from sale, 3 BANKRUPTCY. See INSOLVENCY. BARGAIN, sale of, distinguished from sale of goods, 17 BARGAIN AND SALE, distinguished from sale and delivery, 8, 96 BARTER, distinguished from sale, 4 BILL OF EXCHANGE, as conditional payment, 75 bill of lading to be exchanged for, 47, 48 refusal to give for price, 96 BILL OF LADING, general note on, 157 distinguished from other documents of title, 66 reservation of jus disponendi by, 47 BILL OF SALE, defined, 162 |