REMEDIES FOR BREACH OF CONTRACT-continued.
where the buyer was in default as to a portion of the price,
493.

where a power to resell was expressly reserved, 500.
where the seller refused to deliver by mistake, believing
himself to be selling to an insolvent buyer, 501.

where the buyer was in default in not taking the goods
away, 501.

of perishable articles, 504.

where the buyer was not in default, and the seller resold,
505.

where the buyer was in default in payment, the seller
resold, and the first buyer subsequently paid the
price, 506.

where the contract was to deliver or pay by instalments,
and either party was in default, 507.

the contract can be rescinded only where both parties wish
to rescind, 508, 511, 513.

evidence on which one party is justified in concluding
that the other wishes to rescind, 508, 511, 514,
515.

where the seller re-takes possession, 508.

where another contract has been substituted, 119,
120.

no distinction between a failure to deliver the first or any

subsequent instalment, 508.

stoppage in transitu does not amount to a rescission, 517.
where the buyer refused to pay for each instalment on
delivery, 508.

where the seller failed to deliver the first instalment, 509.
where the buyer refused to send for the remaining instal-
ments as the first were not according to contract, 509.
where the seller refused to deliver any further instal-
ments as the buyer had not punctually taken away the
first, 509, 510.

where the buyer became insolvent after the delivery of
several instalments, and the seller then demanded cash
on delivery, 510.

where the buyers became insolvent and after a long delay
demanded delivery, 511, 515.

where the buyer became insolvent, and the seller resold the
goods at a loss, and claimed on the estate, 512.
where the seller was late in the delivery of the first instal-
ment, and the buyer refused to pay, but did subsequently
pay, and the seller refused to deliver any further instal-
ments, 513.

REMEDIES FOR BREACH OF CONTRACT-continued.

where the buyer refused to accept the first instalment
merely on the ground that he feared the second would
not be shipped in time, 515.

where the seller failed to deliver punctually from causes
beyond his control, 515.

where the buyer requested the seller to postpone delivery of
the first instalment, and the seller then refused to deliver
any, 515.

stoppage in transitu does not amount to a rescission, 517.
where the seller who had contracted to put a cargo on board

the buyer's ship, refused to do so on hearing of the
buyer's insolvency, 518.

where the goods were sent in two parcels and one only was
stopped, 520.

other remedies of the parties, 521.

effect of a condition precedent express or implied on the rights
of the parties, 522.

where delivery is impossible by reason of the goods
having perished, 522, 523.

where performance has been made impossible, or has
been waived, by the party wishing to rely on it,

523.

the parties may agree that a condition shall not be a
condition precedent which otherwise would have
been one, 526.

where either party refuses to perform before the time
for performance has arrived, the other, may elect to
consider the refusal as a breach, and is relieved
from the performance of any conditions precedent,
523.

there may be a condition precedent without any under-
taking that it shall happen, 527.

it is for the person wishing to avail himself of the condition
precedent to show that it has happened, 529-531.

where the seller does not tender the goods, 530.

specific performance, 530.

Mercantile Law Amendment Act of 1856...530.

an action for damages for not delivering is the usual remedy
of the parties, 530, 531.

recovery back of money paid, 188, 190, 194, 256, 532, 545,
546.

where the seller does tender the goods, 534.

if the property has passed the buyer cannot refuse to
accept, nor return the goods if he has accepted, 534.
even if not according to sample, 535.

REMEDIES FOR BREACH OF CONTRACT—continued.

the buyers may bring an action for breach of warranty,
536.

an action may be brought after long delay, 536.

sale with all faults, 537.

no allowance to be made for any defects, 537.

it is a question for the jury whether there was a war-
ranty or a mere commendation, 537.

or the buyer may set-off his damage against the price
when sued for the price, 536, 538.

if the property has not passed, the buyer may return the
goods, or refuse to accept them, 539.

if he does accept, he may still bring his action for
breach of warranty, 540.

the buyer cannot return the portion delivered, after

the time for delivering the whole has expired, 540.
if the goods were ear marked, that is identified as the
subject of the sale, at the time of the sale, the buyer
must accept them, 540.

warranty, definition of, 541.

if the buyer elects to return the goods, he must do so

in a reasonable time, 543.

and in the same condition as he received them, 543.
the remedies of the parties are mutual, where the buyer is not
bound to accept the seller is not bound to deliver, 547.
damages, what are, and how measured, 549. See DAMAGES.
interest, 575.

REMITTANCES. See EQUITABLE INTERESTS AND ASSIGNMENTS.

RENT,

payment of, 366, 367, 368, 372. See also CONSTRUCTIVE Pos-

SESSION.

REPRESENTATION. See WARRANTY. ESTOPPEL. REMEDIES.

REPUDIATING THE CONTRACT,

letter written for the purpose, is a good memorandum under
s. 4 of the Sale of Goods Act, 67.

REPUTED OWNERSHIP, 495, 497, n.

RES PERIT DOMINO, 193, 268.
Scotch law, 270.

RESALE. See REMEDIES.

does not operate as a rescission, 499, 500, 504, 505, 506.
power to resell reserved, 500.

RESCISSION. See REMEDIES, 508, 511, 513.

RESERVATION

of the jus disponendi, 151.

of power to resell, 502.

RETAKING POSSESSION,

of goods by seller, 508.

RETURN,

of goods sent on approval must be in a reasonable time, 543.
of broker's note, right to, 114, 115.

REVENDICATION, 342, 412.

REVENUE LAWS,

compliance with, 263.

REVOCATION. See COUNTERMAND. AUTHORITY. FACTORS. AGENT.

"RIGHT DELIVERY," ON,

freight to be paid, meaning of, 259.

RIGHTS. See REMEDIES.

equitable, 270.

in equity, not the same as an equitable interest, 324.

in rem, 266.

in personam, 266.

RISK,

no test of property, 193, 268, 279, 526, 527.
Scotch law, 270.

ROMAN LAW, 265.

RULE IN EX PARTE WARING, 297, 330.

RULES

for ascertaining whether the parties intended the property to
pass where they have not expressed their intention, 184.

RUNNING ACCOUNT, 298, et seq., 359.

See also EQUITABLE ASSIGNMENTS AND INTERESTS.

S.

SALE. See also CONDITIONS PRECEDENT.

definition of, Introduction, ix., 131, n., 282.

and bailment, difference between, 172, 173.

on approval, 149. See SAMPLE.

distinction between a, and a promise to sell, 270.
not bond fide, Twyne's Case, 496.

induced by fraud, 173, 174.

SALE continued.

parties do not contemplate a, until the specific goods are agreed
upon, 130, 132.

is prima facie a sale for cash on delivery, 45, 46, 131, 181, 484.
but may be on credit, 181, 490, 491, 492.

the parties may introduce any conditions they please, 130,
181, 209, 210.

transfers the property without delivery, 129, 130, 136, 137,
282.

but not an absolute indefeasible property, 340.

a second sale by a buyer not in possession transfers no more
property than he had himself, 418.

unless there was an assignment of a bill of lading, 417, 431.

or a sale in market overt, 179, 497.

or a sale of coins, or bills of exchange, 459.

or where the original seller has clothed the person selling
with apparent authority to sell, 474.

SALE OF GOODS ACT. See STATUTE OF FRAUDS AND FORMALI-

TIES.

s. 1...130.

s. 3...44.

s. 4. See FORMALITIES.

s. 5...130, 323, 527.

s. 6...252.

s. 7...252.

s. 8...65.

s. 9...451.

s. 10...217, 244, 251.

s. 11...211.

s. 12...181.

s. 13...230.

s. 14...227, 231–233.

s. 15...229.

s. 16...132.

s. 17...135.

s. 18...136, 181, 185, 209, 230.

s. 19...151, 216.

s. 20...252.

s. 21...204.

s. 22...179.

s. 23...179.

s. 24...179.

s. 25...465, 477.

s. 27...209, 526.

s. 28...218, 340, 487, 529.