FORMALITIES-continued.

contracts for sale of things whilst attached to the soil cannot

be a sale of goods, 5, 6.

formerly passed to executor not to heir, 12.

Marshall v. Green: tests laid down by Brett, J., 15.
growing hops, 7.

grass, 8, 14.

timber, 9.

potatoes, 10, 13.

turnips, 11.

fruit, 12.

acceptance and actual receipt, 17.

both are necessary, 17.

distinction between, 31.

delivery to a carrier or on board ship, is an actual receipt
by the buyer, but not necessarily an acceptance, 18, 23.
acceptance, what constitutes an, 19.

must be with intention of taking possession as owner, 22.
may be before receipt, 25.

of part of goods only, 24.

by keeping a sample, 18.

by buyer without seller's assent, 25.

by buyer on other terms than those on which seller is
willing to deliver, 25.

actual receipt, what constitutes an, 26.

delivery to a buyer is not the same thing as acceptance and

receipt by a buyer, 39.

removal by buyer, 26.

seller's lien on some part of the goods must have been

parted with, 26, 35, 38.

where a third person holds the goods,. 26, 35, 36.

where the seller keeps possession, 27.

where the buyer marked the goods, 28, 34.

where the seller is also a warehouseman, 32.

where the seller sold to his factor who had possession of

the goods at the time of the sale, 35.

where the buyer furnished the materials for making the
thing sold, 34.

where the buyer resold the goods, 27, 35.

where the buyer keeps possession of the documents of title

for a long time, 38.

earnest, what is, 41.

part payment need not be in money, 41.

memorandum, the, 43.

when a contract is reduced to writing, the parties cannot
show that the contract was something different, 43.

FORMALITIES-continued.

construction of, the same as of all other documents, 43.
when parol evidence is admissible, 44, 46, 58, 59.
difference between a letter written for purposes of showing

that the bargain is at an end, and one which recognises
it as still subsisting, 68.

letters written for purpose of repudiating the contract may
be good as a, 67.

a proposal in writing with parol proof of acceptance is sufficient,
69.

must be in existence at the time of action brought, 47.
may have been made after the contract was made, 119.

not necessary that the memorandum should be addressed to
party who is to take advantage of it, 47.

there may be any number of memoranda all equally originals,

119.

the memorandum may be on separate pieces of paper, 47.
what is a sufficient reference of one part to another, 48.

where a bystander makes the memorandum, 44.
where made up of correspondence, 46.

where on separate pieces of paper, 47.

where conditions of sale were unsigned, 49.

where the name of the seller was written only on the fly
leaf of his order book, 49.

sufficiency of the memorandum, 54.

it must identify the parties and state the subject matter
and the price, 54, 55.

evidence may be given to show that a person contracting
in his own name is really contracting for another person,
58.

description of a party by which he may be identified is
sufficient, 58.

parties' names must be stated, 55, 58.

partnership name, 58.

price must be mentioned if it has been agreed upon, 64,

65.

where contract is silent as to price the law presumes a
reasonable price, 65.

telegram a, a sufficient memorandum, 68.

signature of the memorandum, 70.

need only be that of the person to be charged, 70.

signature, what is a, 71.

may be either of the name of the party himself or the name

of his agent, 59, 71.

may be in writing, or in print, or in pencil, and in any
part of the document, 71, 76.

FORMALITIES-continued.

a mark, if intended as a signature is sufficient, 76.

but not a mere description, 76.

a stamp, if intended as a signature, is sufficient, 76.
where the signature was put upon the memorandum, but
not for the purpose of recognising the contract, 75.
agent authorized to sign, who is an, 76.

authority need not be in writing, 76.

ratification of authority, 76.

auctioneer, an, 78, 79, 80.

an auctioneer has authority to sign, but not to make a
contract, 78.

auctioneer's authority exists only during the sale, 80.
auctioneer's clerk, 80.

distinction between authority to make, and authority to
sign a contract, 77, 78.

whether one party can be the agent of the other, 76, 77.
a broker is an, 83. See BROKERS.

parol variations of written contracts, 119.

a permission to postpone deliveries merely act as a licence,
and not as the substitution of a new contract, 124.

neither party can bring an action on the altered contract,
119, 120.

nor on the original contract if it has been rescinded, 120.
there may be a parol rescission, 124.

where there is evidence of a subsequent valid contract
that is evidence of an intention to rescind the former
contract, 124.

where the parties agreed to alter the route by which the
goods were to be forwarded, 125.

"FORTHWITH,"

meaning of, 247.

FOUND PROPERTY,

purchase of, 178.

FRAUD,

intention to contract induced by, 173.

sale vitiated by, under statute of Elizabeth, 496.

FRAUDS, STATUTE OF. See FORMALITIES.

seventeenth section, 1.

fourth section, 1, 12.

FREE ON BOARD (F.O.B.),

meaning and effect of words, 167, 392.

FREIGHT,

effect of not offering to pay, 155.

payment of, not conclusive as to ownership, 269
liability of indorsee of a bill of lading for, 422.

FRUCTUS INDUSTRIALES, 15.

G.

GOODS,

lost in transitu, 252, 253, 255.

purchase of, 178.

deposit of, on trust, 292.

none on board, 254.

other goods subsequently put on board, 259.

packed with other goods, 243.

where goods were consigned in return for goods received, 302

IMPOSSIBILITY-continued.

where goods lost in transit, 252, 254, 255, 527.
where no goods are on board on arrival, 252.

"IN ALL ABOUT,"

meaning of, 242.

IN PERSONAM,

contract of sale operates to create obligations, and also as a
conveyance giving rights in rem, 266.

IN REM,

rights, 266.

INDEMNITY,

goods deposited as a security, 292. See EQUITABLE ASSIGNMENTS.

INDEPENDENT,

the undertakings of each party to the contract generally are,
483.

INDORSEMENT. See BILL OF LADING.

INSOLVENCY,

does not entitle the seller to rescind the sale, 341, 482, 495, 504.
See DELIVERY.

meaning of, 411, 413, 414, 511, n.

of buyer, seller's rights arise even if credit has been given, 490.
after part delivery where credit has been given, 510.
where bills are in the hands of third parties and both drawer and
acceptor are insolvent, 296, 330.

See LIEN. STOPPAGE IN TRANSITU.

INSPECTION. See SALES BY SAMPLE.

right to, 218, 219, 226.

where the sale was of a specific cargo, 219.

an illusory one, 226.

INSTALMENTS,

REMEDIES.

verbal request to postpone delivery of, 121, et seq.

failure to deliver by regular, 236, 237, 506, 507, 509.

failure to pay for or to deliver or accept by, 506, 507, 509.

payment for each instalment as delivered, 217, 218, 506.

payment by, as the work progresses, effect on transfer of the
property, 195, et seq.