no defense to breach of warranty, 1239.

GOODS (see THING SOLD; "FUTURE-ACQUIRED GOODS ") —
title to, when passes, see TITLE, TRANSFER OF.
payment in, 1439-1442.

GOODS, WARES AND MERCHANDISE —

-

what are, within statute of frauds, 329 et seq.
GOVERNMENT-

warranty against acts of, 1267.

GRAIN (see CROPS).

GROCERIES-

implied warranty on sale of, 1356 et seq.

GROWER-

implied warranty by, of articles sold, 1334, n., 1354.

implied warranty of articles sold as food, 1356.

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

GROWING CROPS-

sales of, within statute of frauds, 340.

delivery of, 1199.

GROWING TREES

sales of, within statute of frauds, 336.

specific performance of contract for sale of, 1731.

GROWN-

when title passes to goods to be grown, 763 et seq.
GUARDIANS (see INFANT) ·

sales by, 195.

-

HABITUAL DRUNKARD-

as party to sale, 89.

HIDDEN ARTICLES-

not sold, 273.

HOPS-

sales of, within statute of frauds, 343.

HORSE-

as "necessaries" for infant, 132.

HOUR OF DAY-

at which delivery may be made, 1137.

HOUSE OF ILL-FAME-

sales of goods for, 1020 et seq.

HUSBAND-

authority to sell wife's property, 178.

HUSBAND AND WIFE (see HUSBAND; WIFE; MARRIED WOMAN).
ICE-

uncut, sale of, within statute of frauds, 346.

IDENTIFICATION-

of goods, essential to perfect sale, 695 et seq.
IDENTITY OF KIND-

as a condition precedent, 1209.

IDIOT (see PARTIES; INSANE PERSONS).

ILLEGAL SALES (see ILLEGALITY).

ILLEGALITY, AVOIDANCE FOR-

in general, 993.

general principles of law applicable, 994.
courts will not enforce illegal contract, 995.
executory and executed, 996.

reasons, 997.

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

ILLEGALITY, AVOIDANCE FOR (continued) –

law will not compel rescission, 998.

-

withdrawal from incomplete contract, 999.

rescission where parties not in pari delicto, 1000-1002.
agreements partly illegal; divisible agreements, 1003, 1004.
forms of the law creating illegality, 1005.

I. ILLEGALITY AT COMMON Law.

what the common law prohibits, 1006.

contract for sale of indecent or immoral thing invalid, 1007.
knowledge presumed, 1008.

contract of sale for immoral or illegal purpose, 1009.

seller innocent, 1010.

seller cognizant or participating, 1011-1014.
malum prohibitum or malum in se, 1015, 1016.
degree of participation required. 1017-1019.
sales in furtherance of social vices, 1020-1022.
sales in furtherance of gambling, 1023.
sales in aid of the public enemy, 1024, 1025.
sales in violation of liquor laws, 1026.

conflict of laws, 1027-1029.

sales promotive of wagering speculation, 1030–1032.
legitimate speculation, 1033-1035.

form of contract immaterial, 1036.

mere agreement to repurchase unobjectionable, 1037.
or that vendee has option as to quantity, 1038.
effect upon rights of brokers and other agents, 1039.
sales in furtherance of unlawful combinations, 1040.
sales designed to impose upon the public, 1041.

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

IMPLIED ACCEPTANCE-

what constitutes, 1380.

IMPLIED AUTHORITY (see AGENTS; HUSBAND; WIFE; CHILD).
IMPLIED WAIVER-

of irregular delivery, 1368.

IMPLIED WARRANTY (see WARRANTY) –

when excluded by express, 1259–1261.
effect of acceptance upon, 1392, 1393.

IMPOSITION

combined with weakness of mind, 65.

IMPOSSIBILITY—

what three forms, 1098.

legal impossibility excuses, 1099.

physical impossibility excuses, 1100-1102.

mere inability of particular party does not excuse, 1103.
INABILITY

-

of one party as excuse for non-performance by the other, 1096.
INADEQUACY OF PRICE-

combining with mental unsoundness, 66.

INCOMPLETE WRITING –

-

does not exclude oral warranty, 1255.

INCREASE-

future, of animals, sale of, 200.
of property conditionally sold, 636.
INCREMENT-

of property sold conditionally, 636.
INCUMBRANCES-

warranty of title extends to, 1304.

INDECENT THINGS (see ILLEGALITY)

contract for sale invalid, 1007.

INDICIA OF OWNERSHIP (see OSTENSIBLE TITLE) —
what constitutes, 157 et seq.

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

INFANT (continued)—

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.

liability of infant for necessaries, 122.

for what amount bound, 123, 124.

interest, 125.

goods must have been furnished on infant's account, 126.

infant not liable if already supplied, 127.

seller supplies goods at his peril, 128.

infant living with parents, etc., presumed to be supplied, 129.
what constitute necessaries, 130.

how determined; burden of proof, 131.
illustrations, 132.