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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
when wrong quantity delivered, 67

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
agents to sign under Statute of Frauds, 153
"Mercantile agent" defined, 126

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
is within Statute of Frauds, 14, 15
when converted into a sale, 2, 8, 150
See CONTRACT OF SALE; SALE.

"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
of document of title, 137

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
seller's lien, when he holds for buyer, 79
See CARRIER.

BAILMENT,

distinguished from sale, 3

BANKRUPTCY. See INSOLVENCY.
saving for laws of, 113

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
effect of transfer on stoppage in transitu, 91
the Act of 1855..156

reservation of jus disponendi by, 47

BILL OF SALE,

defined, 162

BILL OF SALE-continued.

ship or share in ship must be transferred by, 13 n., 162
mercantile documents of title do not constitute, 128, 162
saving for law as to, 113

BREACH OF CONTRACT. See ACTION; DAMAGES.
BROKER,

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