DELIVERY-continued.

to buyer or his agents or assignees terminates seller's rights in
the goods absolutely, 341.

and terminates his right to stop the goods in

transitu, 361.

freight to be paid "on right delivery," 259.

seller is relieved from obligation to deliver when delivery
becomes impossible, 251, 522.

what is a constructive delivery, 362. See also CONSTRUCTIVE
POSSESSION.

of part of the goods, effect of, 372, 402.

to be at a particular place to include cost, freight, and insurance
is not a contract to deliver at that place, 255, 269.

of a substituted cargo, 258.

whether necessary for a pledge, 420.

to be made "anywhere," 246.

at a particular place, 246.

See CONDITIONS PRECEDENT AS TO DELIVERY.

DELIVERY ORDER, 447-458.

acceptance and receipt of a, does not amount to an acceptance
and receipt of the goods, 26.

assignment of a, is not an assignment of an interest in the goods,

450.

under the Factors Act of 1877, 472.

contrasted with bills of lading, 447.

effect of indorsement of a, on vendor's rights, 451, 472.

is not a negotiable instrument, 447.

where two are given for the same goods, 208.

DEMAND,

of payment before day named for payment, 505.

DEPENDENT AND INDEPENDENT COVENANTS AND UN-
DERTAKINGS, 485, 487.

DEPOSIT ON TRUST. See also EQUITABLE INTERESTS AND ASSIGN-

MENTS.

of goods, 292, 293.

"DIRECTLY,"

meaning of, 246.

DOCK WARRANT, 447-458.

assignment of a, effect of on the seller's rights, 450, 472.

contrasted with bills of lading, 447.

not a negotiable instrument, 447.

See also DELIVERY ORDER.

SS

DOCUMENT OF TITLE,

definition of, by the Factors Act, 447.

E.

EARMARKED,

where goods are, buyer must accept, 540.
funds, 292.

EARNEST,

Statute of Frauds, and s. 4 of Sale of Goods Act, 41.

ELECTION. See also PROPERTY, 137.

determination of an, appropriates goods, 137, 138, 141.
delivery to a carrier is, generally, a determination of an, 18, 138,
139, 257, 269.

but not always, 18, 149, 151.

distinction between mere intention to appropriate and determina-
tion of a right of election, 138.

appropriation is irrevocably determined when once the election
has been made, 138.

to consider a refusal to perform as a breach, 523.

to rescind the contract, 507.

EMBLEMENTS,

what they are, 12.

ENGLISH AND ROMAN LAW CONTRASTED, 265-289.
See CIVIL LAW.

EQUITABLE INTERESTS AND ASSIGNMENTS, 291-337.
Creation of Equitable Interests,

in a specific fund, 291.

in after-acquired property, 270, 292.

goods must be specific, 145.

deposit of goods upon trust, 292.

bills drawn against a consignment, 292.

the bailee holds the goods strictly on the trusts, 293.

cases on the subject, 298.

Assignment of Equitable Interests,

good in equity, bad at law, 294.

often said to occur where bills drawn against goods have been
indorsed away, 294.

evidence of, 295.

the privity is between the assignee and the assignor, not
between the assignee and the bailee, 295.

is subject to equities affecting the interest, 295, 323.
notice of assignment to the holder of a fund, 295.

EQUITABLE INTERESTS AND ASSIGNMENTS-continued.
Assignment of Equitable Interests--continued.

equitable estoppel, 296.

cases on the subject, 316.

Ex parte Waring, the rule in, 330.

cases on the subject, 331.

EQUITIES,

between seller and buyer, assignee of bill of lading unaffected by,

EQUITY OF REDEMPTION,

443.

assignee of an equitable interest is

subject to, 295, 323.

but not where the intention was that

the assignment should be unaffected
by, 330.

seller can only stop his own interest, i.e., the, 439.

ESTOPPEL, 203-208.

equitable interest created by, 296.

may make a bailee answerable to two parties, 208.

prevents a party from averring the truth, 203.

but not as against a stranger, 204.

reasons of, 204.

seller who has given a delivery order which has been ndorsed to

a third party, is not estopped, 450.

See CONDITIONS PRECEDENT.

EVIDENCE,

a party's own statements are evidence against him, 203.

extrinsic, 51.

invoice is, of intention to appropriate goods, 153.

of what the terms of agreement of sale are, 153
part delivery to buyer, taking samples, &c., is evidence of the
capacity in which the residue is held, 372, 400, 401.

See MARKING.

of assignment of equitable interests, 295.

seller retaking possession is not, of intention to rescind, 508.
market price is the best evidence of value, 553.

reselling price is, sometimes, evidence of value, 554.

of intention to abandon or rescind the contract, 506, 511, 512.
of the character in which a person holds goods. See CAPACITY.
parol, to show who are the parties to a contract, 58, 90.

to explain technical or conventional terms, 51.

rules of, in construing written documents are not interfered with
by s. 4 of the Sale of Goods Act, 43.

EXCHANGE, BILL OF. See BILL OF EXCHANGE, CREDIT.

EXECUTED AGREEMENT,

definition of, Introduction, ix., 131, n.

EXECUTION CREDITOR,

possessions of an, a buyer for value and a trustee in bankruptcy
contrasted, 497, n.

EXECUTORY AGREEMENT,

definition of, Introduction, ix., 161, n.

instance of, 5, 6.

the property is transferred, generally speaking, the moment the
appropriation has been made, 136.

EXPECTATION, WORDS OF, 235, 254.

EXTRINSIC EVIDENCE, 51.

F.

F.O.B.,

meaning of, 167, 392.

FACTORS ACTS, 458-480, Appendix p. 582.

FACTORS,

agent "intrusted," who is an, 460, 462, 463, 464, 468, 469.
with goods, may sell to one who has notice of

agency, 463, n.

with goods or documents of title, may pledge to
one who has notice of agency, 464.

with goods, who ships them in his own name to
a consignee who has not notice of agency, shall
be taken to be the true owner, 464, n.

with documents of title, may sell or pledge to

one who has not notice of agency, 460, n.

a sale by a seller who has retained the documents of title is as
valid as if he were an agent intrusted, 464.

by a buyer who is in posession of the documents of title
is as valid as if he were an agent intrusted, 464.

document of title, what is a, 447.

indorsement of any, has now the same effect in defeating

the seller's rights as the indorsement of a bill of lading,
478.

goods or documents of title substituted, or deposited in exchange,

472.

mercantile agent, who is, 468, 473, 477, 478, 479.

FACTORS continued.

negligence in allowing a person to remain in possession of goods

or documents of title, 474.

pledge for a further amount, of goods already pledged, 473.

revocation of factor's authority, 468.

special instructions to a factor, effect of, 473.

stoppage in transitu does not exist between principal and factor

except where factor has acted as seller also, 349.

FAILURE. See BREACH OF CONTRACT.

FAILURE OF CONSIDERATION, 485.

"FAULTS, WITH ALL,"

sale of goods, meaning of, 537.

FIDUCIARY RELATION, 292.

FIXTURES

are not goods within the Sale of Goods Act, 14.

FOLLOWING TRUST FUNDS, 292.

FOREIGN CONTRACT OF SALE,

cannot be enforced here if it comes within Sale of Goods Act,
sed quære, 3, n.

FORMALITIES,

s. 17 of the Statute of Frauds and s. 4 of the Sale of Goods Act, 1.
auction sales are within, 3.

contract is not made void, but cannot be proved, 3.

distinction between contracts for work and labour, and for the
sale of goods, 16.

contracts within may be rescinded verbally, 120.

what contracts are within the 4th section, 2, 5.

sales by auction, 3.

contracts made verbally abroad, 3, n.

goods not ready for delivery, sale of, 3, 4.
Lord Tenterden's Act, 5.

goods, wares, and merchandise, 1, 2, 5.

choses in action are not, 3.
fixtures are not, 14.

fructus industriales, 15.

emblements, what are, 11.

are not goods until severed from the land, 12.

sale of, does not create an interest in the land, 12, 13.
whether sales of things attached to the soil are within the
statute depends on the intention of the parties as to
the time of passing the property, 5, 6, 8.