POSSESSION—continued. conditional authority to take possession, 375. assent of warehouseman not to be assumed until the 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 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 paid, recovery back of, 188, 194, 256, 532, 545. property may not pass until it has been agreed upon, 184, 185, market is best evidence of value in some cases, 553, 555, 562. where part of has been paid and the buyer becomes insolvent, the buyer may be bound to pay the price whether the property 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, 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 by estoppel, 203-208. See also ESTOPPEL. distinction between cases where there was a contract and cases 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 buyer's right of, is not destroyed by his being in default, 493. 521. but it seems to be defeasible by a power of right of, transferred by a sale without delivery, and without pay- but till delivery or payment, the right of property is not risk is no test of, 268. the buyer may assign his right of property in an undivided. 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- where the warehouseman set apart the goods for the buyer, Property passes without delivery by English law, 129, 133, 134, 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, 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, nor where there is a mere covenant to assign after-acquired goods, nor where carrier agrees to hold the goods as bailee of the seller, passing of the property may be conditional, 181. See CONDITIONS contract of sale, is prima facie a contract to pass the property 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 but otherwise where there is a carrier, 150. Bill of lading, what it is, 421. seller has no power to vary the consignment, 153, 157. form of, is not conclusive, 167, 168, 169. but no property is transferred by the mere indorsement of where the property has passed buyer must accept, 534, 539. 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 to accept contract made by a broker, 114. wrongful refusal to deliver, 152, 339, 362, 373, 374, 398, 406, 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, they arise when the buyer is in default or is insolvent, 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 they probably entitle him to hold the goods as a security, those rights given by the contract, 483. as to the property, 486. they depend upon whether the duty of one party is 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, 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 and after the expiration of the credit, 490, 494. and although a portion of the purchase-money has been and on buyer's default or insolvency, although a sub-sale where the buyer failed to perform a condition precedent to the seller may retain the goods under the same circum- reputed ownership, rights of the seller's trustee under the Bank- fraudulent sale, rights of seller's creditors under the Statute of apparent possession, rights of seller's creditors under Bills of resale and rescission, resale does not operate as an election to rescind, 499, 500, rescission, effect of as to money paid, 499. as to the price of goods delivered, 508. where the buyer became bankrupt, 491. |