BROKERS continued. whether a principal has a right to refuse the sale note when or to disapprove of the buyer's name, 115. one party cannot authorize the broker to bind both, 116. where the bought and sold notes set out a contract which 118. distinction between evidence of a contract and evidence of com- there may be any number of memoranda all equally originals, BUYER, See also AGENT. where the seller tenders the goods, if the property has passed and if there was a breach of warranty he may bring his action if the property has not passed, buyer may refuse to accept, where there is a condition precedent to the buyer's obliga- where the sale is by sample, 540. See SAMPLE. right to return the goods, 540. where the goods are ear-marked the buyer cannot treat a breach effect of buyer refusing to take away the goods, 501. default of, does not entitle seller to rescind the contract, 482, 486, 495. See REMEDIES. effect of buyer not giving a banker's draft punctually, 492. Sce CONDITIONS PRECEDENT AS TO PAYMENT. effect of buyer in default tendering before re-sale, 493. on insolvency of, seller's rights arise even if credit has been on insolvency of, seller cannot retake possession, 341. must be insolvent before stoppage in transitu can arise, 411. marking goods with his initials, 378. where both seller and buyer repudiate the goods, 397. takes subject to infirmities affecting the seller's title, 178, 179, for value of coins, banknotes and negotiable instruments, 179. in market overt, 179. of a bill of lading, 417. execution creditor, and trustee in bankruptcy, positions C. C. I. F., meaning of, 241, n. CAPACITY IN WHICH A PERSON HOLDS GOODS, 335. where the seller holds as agent for the buyer, 26, 361, et seq. where a carrier holds them as agent for the seller, 150, 349, whether a carrier holds them as agent for the buyer, or as an where a carrier is also a warehouseman, 394. change of capacity depends upon the assent of both parties, 394. "CARGO" OF A CERTAIN QUANTITY ORDERED. meaning of, 236, 237, 239, 242. when lost, at whose risk, 252, 256, 268, 526, 527. two ordered, one not according to contract, 242. CARRIER, is not an agent to accept, but is an agent to receive, 18, 23. but not always, 18, 148, et seq. reservation of the jus disponendi, 151. where goods are sent by, it is generally the seller's interest not to pass the property, 151. seller's duty generally ceases on delivery to, 256. where the carrier holds the goods as agent for the seller, 151, the seller does not necessarily lose his lien, 349, CARRIER-continued. where the carrier holds the goods as agent for the buyer, 379, the carrier does not lose his lien by becoming so, 398. where a carrier is also a warehouseman, 395. part delivery by a, to the buyer, taking samples, &c., is merely tortious refusal of a, to deliver, 152, 362, 406, 407, CASH. See CONDITIONS PRECEDENT AS TO PAYMENT, 213. CHARACTER. See CAPACITY. CHARGE, on after-acquired property, 147, 270, 292. See also PLEDGE. goods on board a, are generally in transitu, 380. CHARTER PARTY, effect of, on transitus, 380. CIVIL LAW, broker's books, 107, n. effect of, on passing the property, 265. founded on two principles, 265. a fixed price in money, 265. delivery necessary to pass the property, 265. contrasted with English law, 266. a contract of sale without delivery merely created obligations in a perfect sale transferred the risk, but not the property, before in English law delivery not necessary to pass the property, 266, in Roman Law delivery is necessary, 266, n. maxim, "Res perit domino" is ambiguous, 268. specific performance, 283. right of seller to retake possession: revendication, 341, 412. CODE NAPOLEON, 107, n. revendication, 341, 412. COIN, purchase of, 179. CONDITIONAL AUTHORITY. See AUTHORITY. to take possession, 375. to warehouseman to deliver, 376. CONDITIONS PRECEDENT, 182–263. to the passing of the property, the parties may agree that the property shall not be trans- delivery is generally not a, 183. See CREDIT. the goods must be specific, 132. but may be made so after the date of the contract by the whether a stipulation is a condition precedent or not, depends rules of law for ascertaining the intention when implied, 184, 1st rule, where anything has to be done by the seller 2nd rule, where anything has to be done by the seller cases illustrating these rules, 185-203. completion of a chattel made to order is, generally, a condi- the property, however, may pass presently if the parties intention that price shall be paid before completion cases illustrating this, 194-203. where the things to be done by the seller are such as may tender of the goods is, generally, a condition precedent to the estoppel, property by, 203-208. See also Estoppel. Pickard v. Sears, 204. CONDITIONS PRECEDENT―continued. representation by a warehouseman that he holds goods to warehouseman may make himself responsible to both parties, where two delivery orders were given for the same consign- express conditions precedent; generally, 209-213. may become a condition precedent may cease to be such and payment is usually a condition precedent to the right to where a carrier intervenes, 150, 151. goods sent on approval, 149, 209, 218, 539, 543. payment is not a condition precedent where credit is given, waiver of a condition precedent, 213, 523. where the performance has become impossible, 251, 522. sale by sample, 209. whether a stipulation is a condition precedent or a warranty is a matter of law, 211. See also WARRANTY. where a covenant goes to the whole of the consideration it distinction between a condition precedent and a warranty, there may be a condition precedent without any warranty as to payment, 213–218. cash, 181, 182, 218. by giving a cheque or an acceptance, 165, 214, 253. for each instalment, 217. See also below. as to quality and condition, 218--233. goods packed with other goods, 243. iron bars to be stamped, 223. merchantable condition, 219, 224. right to measure, 219. sales by sample, 218. See Sample. as to quantity, 233-244. |