2ndly, What agreements amount to a bargain and sale, and what are but executory.

3rdly, What are the rights reserved to a vendor when the general property is transferred to the purchaser, but before it is delivered into his possession.

Goods not ready for delivery. Lord Tenterden's Act

Things attached to the soil

Unsevered crops

Emblements

Fixtures are not goods.

Test, whether or not an interest in land is created

whether the contract is for goods or work and labour.

THE FIRST EXCEPTION. ACCEPTANCE AND RECEIPT

What Constitutes an Acceptance

Acceptance of a sample

by mistake.

sufficiency of evidence of

Carrier not an agent to accept

Acceptance of part of the goods

presumed from user

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3

3

3

prior to receipt

25

Evidence that he holds for the buyer must be clear.

Cases

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27

The statute does not affect the construction of the document

Where the memorandum was made for the use of one party

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only.

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The party to be charged must have signed

Effect of signature by one party only, on his rights against

One party acting as agent for the other

Authority to sign contrasted with authority to contract

Auctioneer is agent to sign, but not to settle terms

Where broker signs as broker, for disclosed principals.

Where broker signs as broker, for undisclosed principals.

Whether one note is a sufficient memorandum

Where the broker signs as principal .

Set-off against undisclosed principal

Where the parties had notice of agency

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Whether the note or the entry in the book is the memorandum 96

Right to return the note

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Alteration of the note by the broker

Where one party dispenses with the delivery of the note

Where the notes disagree

Signature of the entry in the book is not essential

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Whether the entry in the book is evidence

101

One sold and three bought notes

104

Baron Parke's opinion that the acceptance of the notes was

Distinction between a licence to vary and a contract to vary.
Agreement to alter the route for forwarding the goods

WHAT AGREEMENTS AMOUNT TO A SALE, AND WHAT

ARE BUT EXECUTORY.

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to substitute one voyage for another

to alter the place of delivery

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THE PASSING OF THE PROPERTY IS A MATTER OF INTENTION

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Executed and executory contracts

The goods must be specific, or identified .

The goods may be made specific after the contract

By mutual assent

Or by the determination of an election

Equitable interest in rem created by a promise to assign

Determination of an election by delivery to a carrier.

Goods sent on approval.

Where the seller takes the bill of lading in his own name

The seller cannot ship the goods on terms inconsistent with

the contract

consistent

152

Hypothecation

154

Cases upon the effect of the form of the bill of lading on the

Intention to pass the property, but in consequence of a mistake

no contract was made

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Exceptions to the rule that a person cannot give a better title

than he has .

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Market overt, purchases in .

179

Rules for ascertaining the intention

CONDITIONS PRECEDENT

Whether a stipulation is a condition precedent or not, is a

matter of intention.

Where the goods are not in a deliverable state

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181

Where a warehouseman has acknowledged the plaintiff's title 204

Two delivery orders given for the same goods.

208

Prior to the performance of the condition the purchaser has no

interest

209

Conditions may be precedent to things other than the passing

of the property

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.

Whether a stipulation is a condition precedent or a warranty

is a matter of law

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A condition precedent may be available as a warranty

Conditions Precedent as to Payment .

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"Say about"

Shipping documents and quantity actually shipped, differ

Instalments

Cargo "believed" to be a certain quantity

Instructions to agents to purchase and ship a certain amount.

235 n.

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