Lapas attēli
PDF
ePub

POSSESSION—continued.

conditional authority to take possession, 375.

assent of warehouseman not to be assumed until the
conditions have been performed, 375.

provided the seller had the right to impose the

conditions, 375.

conditions as to weighing, 376.

as to payment on delivery, 378.

revocation of authority, 369.

effect of taking possession of part of the goods, marking the
goods, &c., whether it amounts to a constructive taking pos-
session of the whole, 371, 372, 400, 401, 402.

effect of credit on the right to, 340.

seller retaking, is not evidence of an intention to rescind, 508.

POTHIER,

extracts from, 175, 267, 271.

PRICE,

must be fixed, in Roman Law, 266.

but not in English law, 266.

must be mentioned to make a memorandum sufficient under Sale
of Goods Act, s. 4, if it had been agreed upon, 64.

paid, recovery back of, 188, 194, 256, 532, 545.

property may not pass until it has been agreed upon, 184, 185,
265.

market is best evidence of value in some cases, 553, 555, 562.
re-selling, is evidence of value in some cases, 553, 554.
reasonable price will not be presumed where some particular price
has been agreed upon, 65.

where part of has been paid and the buyer becomes insolvent,
491.

the buyer may be bound to pay the price whether the property
has passed or not, 258, 268, 526.

See REMEDIES.

PRINCIPAL AND AGENT. See AGENT.

BROKERS.

evidence may be given that a contract made by an agent was

made for his principal, 58, 59, 60.

principal consigning to an agent, 153, 310, 348.

agent consigning to a principal, 238, 241, n., 310, 351.

instructions to an agent to purchase and ship a certain amount,

238, 239.

insolvent agent purchasing for solvent principal, 501.

PRIORITY,

of successive pledgees of a bill of lading, 443.

between assignees of a debt, 295.

PRIVITY OF CONTRACT, 295, 362, 421.

PROFITS, LOSS OF, 554, 567, 569, 575. See also DAMAGES.

PROMISE TO ASSIGN,

after-acquired property, 145, 270, 292.

PROMISE TO PAY INTEREST,
not implied, 576.

PROMISE TO SELL,

and a sale, distinction between, 270.

PROPERTY,

Generally,

after-acquired, promise to assign, 145, 270, 292.

appropriation of goods to contract may be subsequent to date of
contract, 136.

by estoppel, 203-208. See also ESTOPPEL.

distinction between cases where there was a contract and cases
where there was no contract, although there was an intention
to contract, 175.

effect of delivery to a carrier. See CARRIER. DELIVERY.

fraud, effect of on intention to pass the property, 174.

buyer may agree to pay for property whether it has passed or
not, 296, 420.

buyer's right of, is not destroyed by his being in default, 493.
nor, it seems, by stoppage in transitu, 495, 517,

521.

but it seems to be defeasible by a power of
resale, 500.

right of, transferred by a sale without delivery, and without pay-
ment, 151, 182, 266, 282.

but till delivery or payment, the right of property is not
absolute, 151.

risk is no test of, 268.

the buyer may assign his right of property in an undivided.
quantity, 134, 135.

and may by indorsing a bill of lading render such an assign-

ment indefeasible, 417. See BILL OF LADING.

Election to appropriate goods to the contract,

exercise of right of, 136, 137, 141.

despatching goods to the buyer, 139.

packing the goods, 139.

filling bottles and weighing, 142.

putting the goods into the buyer's sacks, 142, 170.

putting the goods on board ship, 142.

T T

PROPERTY-continued.

where the trucks, passed off seller's premises on to railway com-
pany's line, 144.

where the warehouseman set apart the goods for the buyer,
144.

Property passes without delivery by English law, 129, 133, 134,
151, 182, 265, 282.

but by delivery only in Roman law, 267.

but not until the goods are made specific, 132.

or fit for delivery, 184.

where goods are put on board buyer's own ship, 142, 158, 162,
165, 169, 170, 379, 386, 387.

by delivery to a carrier, 18, 138, 147, 257, 269.

but not always, 18, 149, et seq.

on determination of an election, 136, 141.

but not where it is a sale of an undivided part of a larger bulk,
133.

nor where there is a mere covenant to assign after-acquired goods,
145.

nor where carrier agrees to hold the goods as bailee of the seller,
150, 151, 349, 411, 412. See CAPACITY.

passing of the property may be conditional, 181. See CONDITIONS
PRECEDENT.

contract of sale, is prima facie a contract to pass the property
at once, 153, 181, 183.

effect of fraud on the passing of the, 173.

effect of mistake on the passing of the, 175.

payment by instalments, effect of, on, 195, et seq. See INSTAL-

MENTS.

it is the seller's interest to pass the property where there is
no carrier, 150,

but otherwise where there is a carrier, 150.
seller may prevent delivery to the carrier operating to pass
the property by taking the bill of lading in his own name,
151, 215.

Bill of lading, what it is, 421.

seller has no power to vary the consignment, 153, 157.
cases on the effect of the form of the bill of lading on the
passing of the property, 154--173.

form of, is not conclusive, 167, 168, 169.

but no property is transferred by the mere indorsement of
a bill of lading, 422, 423.

where the property has passed buyer must accept, 534, 539.
where it has not passed buyer may refuse to accept, 539.
effect of an action at law on, 173.

[blocks in formation]
[blocks in formation]

RECEIPT, UNDER SALE OF GOODS ACT, s. 4, 18, 26, et seq.

RECOVERY BACK,

of money paid, 188, 190, 194, 256, 532, 546.

REFUSAL,

by buyer to take away the goods, 501.

t, accept, 534, 539, 540, 543, 547.

to perform, before time for performing may be considered as a
breach, 523.

to accept contract made by a broker, 114.

wrongful refusal to deliver, 152, 339, 362, 373, 374, 398, 406,
407, 420.

RE-INDORSEMENT OF A BILL OF LADING,

effect of, 422, n.

REM, RIGHTS IN, 266.

REMEDIES FOR BREACH OF CONTRACT. See also STOPPAGE

IN TRANSITU. DAMAGES. INTEREST.

of the seller's rights over the goods whilst still in possession,
481.

they arise when the buyer is in default or is insolvent,
481.

they are greater than a mere lien, 482.

REMEDIES FOR BREACH OF CONTRACT--continued.

but do not entitle him to rescind, 482, 495. See Resale
and Rescission below.

they probably entitle him to hold the goods as a security,
and to resell in certain cases, 482, 495.

those rights given by the contract, 483.

as to the property, 486.

they depend upon whether the duty of one party is
dependent upon the prior performance of something
by the other party, 483.

when covenants are independent, 485.

as to the possession, 487.

where the price is to be paid before delivery, 487.

where the price is to be paid after delivery, 487.

where both the acts are to be done at the same time,
487.

where credit has been given, 488.

those rights not given by the contract, 488.

originated in custom, 489.

they exceed a lien, 490.

and come into operation on insolvency although credit was
given, 490.

and after the expiration of the credit, 490, 494.

and although a portion of the purchase-money has been
paid, 491.

and on buyer's default or insolvency, although a sub-sale
may have been made, 492.

where the buyer failed to perform a condition precedent to
his right to the possession, e.g., to give a banker's draft, 492.
where the buyer failed to pay the price, 493.
where the buyer had made part payment in bills and was
insolvent, 494.

the seller may retain the goods under the same circum-
stances as he might stop them in transitu, 494.

reputed ownership, rights of the seller's trustee under the Bank-
ruptcy Laws, 495.

fraudulent sale, rights of seller's creditors under the Statute of
Elizabeth, 496.

apparent possession, rights of seller's creditors under Bills of
Sale Acts, 497, n.

resale and rescission,

resale does not operate as an election to rescind, 499, 500,
504, 505, 506.

rescission, effect of as to money paid, 499.

as to the price of goods delivered, 508.

where the buyer became bankrupt, 491.

« iepriekšējāTurpināt »