References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798–1850.

APPROPRIATION OF GOODS TO CONTRACT (continued) —
assent to the appropriation, 729.

buyer's assent made necessary by terms of contract, 730.
buyer's assent required by implication; sale by sample, 731.
how buyer's assent given when required, 732.

2. Of Appropriation when Seller is to Deliver Goods.
how when seller is to select and deliver the goods, 733.
3. Of Appropriation where Buyer is to Come for Goods.
how when buyer is to come and get the goods, 734.

effect of putting goods into buyer's conveyance, 735.
4. Of Appropriation where Seller is to Send Goods by Carrier.
how when seller is to send goods by carrier, 736–739.

intention governs, 740.

payment of freight as evidence, 741.

agreement that goods shall not be paid for unless they arrive, 742.
further of the intention, 743-745.

goods must be sent in conformity with order, 746.

due care must be used in shipping, 747.

remedy over against carrier must be preserved, 748.

duty to insure, 749.

what constitutes delivery to the carrier, 750.

5. Of Appropriation where Goods Consigned on Account of Previous Ad-

vances.

how when goods consigned on account of previous advances, 751, 752.

of goods by buyer's creditors, does not defeat stoppage in transitu, 1571.

See STOPPAGE IN TRANSITU.

ATTORNEY'S FEES-

as necessaries for infant, 132.

for wife, 185.

References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798-1850.

ATTORNMENT-

necessity for, if goods in hands of bailee, 1193.

divests seller's lien, 1493, 1494.

effect of, on stoppage in transitu, 1579–1583.

AUCTION-

sales by, within statute of frauds, 327, 351.
AUCTIONEER-

signing note or memorandum under statute of frauds, 461, 462.
AUGUST-

"first half of," ends when, 1136.

AUTHORITY TO BUY (see AGENTS; HUSBAND; WIFE; CHILD; CORPORA-

TION; PARTNERSHIP).

AUTHORITY TO SELL (see AGENTS; INFANTS; MARRIED WOMAN).

AVOIDANCE OF SALE (see RESCISSION; TERMINATION Of Contract) —
by consent, see TERMINATION BY CONSENT.

for failure of consideration, see FAILURE OF CONSIDERATION.

References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798-1850.

"BETWEEN "—

two days, how construed, 1136.

BICYCLE-

as "necessaries" for infant, 132.

BILL OF LADING-

possessor of, having appearance of title, 166.

delivery of, effect on transfer of title, 740.

sale or pledge of goods by, 792.

taking, to seller's order, 774 et seq.

purpose and effect, 777, 778.

attached to draft on buyer, 779.

reserves title in seller, 779 et seq.

custom does not affect, 781.

sending invoice or copy does not affect, 782.

consigning goods to buyer's order, 788 et seq.

transfer of, during transit transfers title, 790.

delivery by, 1194.

transfer by, divests seller's lien, 1498.

assignment of, defeating right of stoppage, 1563. See STOPPAGE IN
TRANSITU.

liability of purchaser of, for breach of warranty, 1816.

BILL OF PARCELS-

oral warranty may accompany, 1255.

BILL OR NOTE (see PAYMENT; NEGOTIABLE INSTRUMENTS; ACCEPTANCE) —
acceptance of, as waiver of seller's lien, 1481.

effect of, upon right to stop in transitu, 1604.

BONA FIDE PURCHASER —

from insane person, 74, 75, 78, 79.

from infant, 110.

from drunken persons, 88.

from one holding by defeasible title, 146–153.

from one holding by ostensible title, 154 et seq.

from fraudulent grantee, 977.

sale for cash good against, 555.

conditional sale good against, 599.

BOOKS-

entries in, to satisfy statute of frauds, 430.

BOUGHT AND SOLD NOTES-

as memorandum under statute of frauds, 468 et seq. See STATUTE OF

FRAUDS.

BRANDING-

of goods, statutes requiring, 1050.

References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798-1850.

BREACH OF CONTRACT (see ACTION; REMEDIES; DAMAGES).

BREACH OF WARRANTY (see WARRANTY; DAMAGES; REMEDIES)-

rescission for, 1805.

BREEDER-

implied warranty by, of animals sold, 1354, 1355.

BROKER (see BOUGHT AND SOLD NOTES)

CAPACITY OF PARTIES-WHO MAY BUY AND SELL –

I. OF CAPACITY IN GENERAL.

general rule as to competency, 58.

presumption of competency, 59.

causes and classification of incompetency, 60.

1. Natural Incompetency.

what here included, 61.

a. Persons of Unsound Mind.

scope of present treatment, 62.

insane persons as parties to contracts generally, 63.
degree of incapacity which avoids, 64.

weakness of mind and imposition combined, 65.

mere inadequacy of price, 66.

partial insanity; monomania; sane interval, 67.
presumption as to sane intervals, 68.

effect of judicial determination of insanity, 69.

only prima facie evidence as to period covered, 70.
petitioner for proceeding not estopped by it, 71.
whether contracts of insane person void or voidable, 72.
avoiding contract; executed and executory, 73.

protection of innocent party, 74, 75.

insane person must have received benefit, 76.

return of consideration necessary, 77.

right to recover from bona fide purchaser, 78, 79.
who may disaffirm, 80.

creditor may not, 81.
sane party may not, 82.

References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798-1850.

CAPACITY OF PARTIES—WHO MAY BUY AND SELL (continued) —

affirmance of contract, 83.

contract of insane person for necessaries, binding, 84.

liability limited to value received, 85.

b. Incompetency of Drunkards.

contracts of drunken persons, 86.

voidable, not void, 87.

bona fide holders, 88.
habitual drunkards, 89.

partial intoxication coupled with fraud, 90.
drunkards under guardianship, 91.

c. Incompetency of Spendthrifts.
contracts of spendthrifts, etc., 92.

2. Legal Incompetency.

in general, 93.

a. Incapacity of Infants.

in general, 94.

infant's contracts voidable, not void, 95.

what meant by voidable, 96.

who may avoid, 97.

when avoided, 98.

when ratified, 99.

how much to be ratified, 100.
effect of ratification, 101.
knowledge of non-liability, 102.
consideration for ratification, 103.
ratification, how effected, 104, 105.

sale or exchange by infant voidable, 106.

when avoided, 107.

how avoided, 108.

return of consideration, 109.

bona fide purchasers, 110.

chattel mortgage voidable, 111.

when avoided, 112.

returning consideration, 113.

how avoided, 114.

purchases voidable, if not necessaries, 115.

when avoided, 116.

how avoided, 117.

return of consideration, 118.

ineffectual defenses; recoupment; injury to goods, 119.
effect of disaffirmance; revests seller's title, 120.

ratification of purchases, 121.