I. ACCEPTANCE OR ASSENT TO OFFER TO SELL (see CONTRACT OF SALE). II. UNDER STATUTE OF FRAUDS (see STATUTE OF FRAUDS). III. BY BUYER IN PURSUANCE OF CONTRACT. in general, 1363. what meant by acceptance, 1364. in what cases requisite, 1365. 1. Acceptance in Case of Present Sale. acceptance here contemporaneous with contract, 1366. receipt where delivery postponed, 1367. waiver of irregular delivery, 1368. 2. Acceptance in Case of Executory Contract. necessity and nature of acceptance here, 1369. what is meant by acceptance in these cases, 1370, 1371. what buyer is bound to accept, 1372. when and where buyer is bound to accept, 1373. waiver of irregular delivery, 1374. buyer's right of inspection before acceptance, 1375, 1376. time, place and method of test, 1377. right to use or consume goods in test, 1378. express acceptance, 1379. implied acceptance; retention beyond reasonable time, 1380, 1381. retention beyond agreed time, 1382. acceptance after test agreed upon; failure to give notice, 1383, 1384. waiver of the notice, 1385, 1386. acts of ownership indicating acceptance, 1387. References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798–1850. ACCEPTANCE (continued) - effect of acceptance, 1388. as waiver of time, 1389. as waiver of quantity, 1390. - as waiver of quality — 1. Where there was no warranty, 1391. 2. Where there was implied warranty or condition, 1392, 1393. 3. Where there was an express warranty, 1394, 1395. effect of acceptance where contract provides that it shall be conclu- effect of acceptance when brought about by fraud, mistake or prom- effect of acceptance or rejection in part, 1398-1401. rejection; method and effect, 1402, 1403. IV. OF ARTICLES IN PAYMENT. of forged or invalid note as payment, 1429. of note of insolvent as payment, 1430. of note as payment when induced by fraud, 1431. of dishonored or forged check as payment, 1436. of bill or note not due extends time of payment, 1428. V. OF PERFORMANCE. effect of, as waiver, 1078. VI. OF PART PERFORMANCE (see PART PERFORMANCE). to goods sold conditionally, 636, 642. - ACTION (see REMEDIES; SPECIFIC PERFORMANCE) — for price, title passed and goods delivered, 1658. when credit given, 1659. when bill or note was to be given, 1664. actual delivery and acceptance necessary to sustain, for goods sold and delivered, 1665. title passing, though goods not delivered, 1667. where seller has yet to do something to the goods, 1668. where seller holds as bailee for buyer, 1669. where seller claims his lien, 1670, 1671. where seller stops goods in transit, 1672. where buyer fails or refuses to take goods, 1674-1682. for residue of price after resale in pursuance of lien, 1673. for damages, proper remedy when title not passed and goods not de- for damages and recovery of goods when title not passed but goods for full contract price after tender allowed in some jurisdictions, 1694– References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798-1850. ACTION (continued) — for damages, when performance countermanded, 1699. for damages, when order countermanded, 1700, 1701. for damages, usual remedy for breach of seller's contract to sell and form of, in suit for breach of warranty of kind, etc., 1809, 1810. when warranty express or implied, 1810. choice of, where bill or note is not taken in absolute payment, 1427. for deceit, buyer against seller, 1839 et seq. seller against buyer, 1666. to foreclose seller's lien, 1620. by conditional vendor, 619. acceptance of goods by, under statute of frauds, 366. consignment on account of previous, 751 et seq. direct and positive, constitutes warranty, 1235. to buy, sale to be distinguished from, 41, 42. AGENTS- sales and purchases by, 171 et seq. authority to sell conferred by law, 174. how construed, 175, 176. authority to buy, 187 et seq. express, 187. implied, 188 et seq. how construed, 187, 188. signing by, of note or memorandum to satisfy statute of frauds, 452 et seq. delivery to, 1173. right of, to stop goods in transit, 1533, 1537. waiver of notice of rejection by, 1386. References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798-1850. AGENTS (continued) - - warranties by agents, 1278, 1279. agent's implied authority to warrant title, 1280. agent's implied authority to warrant quality, 1281–1283. custom; judicial notice, 1284. customary warranties on sales of machinery, 1285, 1286. authority limited to a particular warranty, 1288. limitations upon power to warrant; unusual warranties, 1289-1292. authority to warrant soundness of horses, 1294. authority of, to receive payment may be expressly authorized, 1443. implied from possession of goods or other indicia of ownership by not implied from authority to sell merely or to solicit orders, 1447. when payment to agent part of terms of sale, 1449. how notice of want of authority to be given, 1450. whether implied from relation of parties, 1454. agent to receive payment, may take money only, 1455. agent may not receive in payment note of debtor payable to himself, 1455. or one due his principal, 1455. or note or bond of himself, 1455. or note of a third person, 1455. or draft or order on a stranger, 1455. or merchandise of any kind, 1455. or depreciated currency, 1455. or corporate bonds, 1455. or set off a claim due himself, 1455. or take property for his own use in payment, 1455. or check, 1460. when may take certificates of deposit, 1455. may not release or compromise a debt, 1456. may receive part payment, 1457. may not extend time, 1458. may not receive before due, 1459. authority to take note or check does not imply authority to indorse and agent authorized to, may not deal with the funds, 1463. authority to make payment, 1465. References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798-1850. AGREEMENT FOR FUTURE AGREEMENT TO SELL- how differs from present sale, 2. AGREEMENT TO SELL- how differs from sale, 2. "ALL CONVENIENT SPEED". how construed, 1134. "ALL RIGHT”- assertion that animal is, as warranty, 1269. of memorandum under statute of frauds, 472. ALTERATIONS — to existing chattels, title passes when, 762. in terms of contract, effect of on specific performance, 1733. ANIMALS to be born, sale of, 200. ANNEXING TO REALTY goods conditionally sold, 644 et seq. ANNOUNCEMENTS as offers of goods, 224. ANTICIPATORY BREACH (see RENUNCIATION; REPUDIATION; COUNTER- MANDING). APPARENT OWNER (see OSTENSIBLE TITLE) — sales by, 154 et seq. APPEARANCE OF TITLE- from possession of goods, 157, 167. from possession of documents, 166. APPEARANCES OF OWNERSHIP (see APPARENT TITLE; OSTENSIBLE APPRAISAL- sale of goods "to be appraised," 674. APPROPRIATION OF GOODS TO CONTRACT — 1. Of Appropriation in General. general necessity for appropriation, 721. what meant by appropriation, 722. who interested in question, 723. who may make the appropriation, 724, 725. what constitutes appropriation in general, 726. appropriation consists of acts, not mere intention, 727. acts must be in fulfillment of contract, 728. |