References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798-1850. INSANITY (see INSANE PERSONS). INSECURE rights of vendor deeming himself insecure, 623. INSOLVENCY- concealment of, as fraud on seller, 906. of buyer, excuses seller from delivery, 1093. of buyer before delivery, revives seller's lien, 1508, 1509. of buyer before expiration of credit, revives seller's lien, 1510, 1511. of buyer before delivery order complied with, revives seller's lien, 1512- when seller has taken note, given receipted bill, etc., effect on lien, seller's lien revives on instalment contracts, 1518. what constitutes, 1519, 1520. stoppage in transitu exercised only in case of, 1539. evidence of, 1540, 1541. when knowledge of, affects right of stoppage in transitu, 1542-1544. right of, before acceptance, 1375, 1376. time, place and method of, 1377. right to consume or use goods in making, 1378. right to, to determine conformity of goods to description, 1211. INSPECTION OF GOODS — statutes requiring, 1050. INSTALMENT CONTRACTS (see CONDITIONAL SALES) - - default in delivery of one instalment as ground for total repudiation, INSTALMENT DELIVERIES (see DELIVERY) — - breach of one as ground for repudiation of whole contract, 1140. determines when title passes, 499. rules for determining, 500. to warrant, necessity for, 1237. INTENTION NOT TO PAY (see FRAUD) — buying goods with such intention, a fraud, 901 et seq. when intention must exist, 902. coupled with insolvency, 903. References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798-1850. INTENTION NOT TO PAY (continued) – cause for rescission distinct from false representations, 904. mere insolvency or concealment not enough, 906. INTERCEPTION- of goods in transitu, 1571 et seq. See STOPPAGE IN TRANSITU. buyer gets no title till payment, 780. sending buyer invoice or copy does not alter, 782. F. O. B., agreement to deliver, how affects, 795-797. delivery of, as delivery of chattels thereon, 1200. References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798-1850. LAPSE OF OFFER- by non-acceptance, 260. LATENT DEFECTS- implied warranty against, by manufacturer, 1346. LAW- representation as to, as fraud, 872, 873. LEASES- construed as conditional sales, 569–576. LETTER- offer and acceptance by, see CONTRACT OF SALE LETTERS may constitute "note or memorandum" under statute of frauds, 428. LICENSE- of conditional vendor to enter upon vendee's land, 626. to enter upon seller's land to obtain the goods, 1191. LIEN OF SELLER- 1. Of the Lien in General. seller has a lien to secure payment, 1474 what the lien secures, 1475. what claims the lien precedes, 1476. 2. Waiver or Abandonment of the Lien. waiver of the lien; expressly or by implication, 1477, 1478. waiver by giving credit, 1479, 1480. waiver by taking bill or note, 1481. lien abandoned by unconditional delivery, 1482-1484. lien not lost by delivery which passes the title but does not change so lien not lost if possession retained, though seller's attitude has lien not lost by special and qualified delivery, 1488, 1489. lien not lost if possession secured by fraud, 1490. how when goods already in possession of buyer, 1491. how when buyer has changed character of property, 1492. how when goods in possession of bailee, 1493, 1494. how when goods on public wharf or the premises of a stranger, 1495. how when goods are delivered to a carrier, 1496, 1497. transfer by bill of lading, 1498. effect of delivery of part of the goods, 1499. effect of part payment, 1500. References are to sections: Vol. I, §§ 1–797; Vol. II, §§ 798-1850. LIEN OF SELLER (continued) — 3. Estoppel in Favor of Sub-purchasers. lien good against sub-purchaser unless seller estopped; estoppel by form of delivery order or warrant as estoppel, 1504-1506. 4. Revival of Lien on Insolvency of Purchaser. revival of lien; insolvency of purchaser before actual delivery, 1508, insolvency of buyer before expiration of credit, 1510, 1511. insolvency of buyer before delivery order complied with, 1512-1514. 5. Revival of Lien on Expiration of Credit. lien revives on expiration of credit, 1521. 6. Effect of Tender of Price. lien lost by tender of price, 1522. 7. Effect of Claiming Lien. claim of lien does not rescind sale, 1523. while operative, prevents action for goods sold and delivered, 1665. goods sold under, and residue of price recovered, 1673, 1678, 1680. countermanding order for, see COUNTERMAND; REPUDIATION. not within statute of frauds, 294 et seq. References are to sections: Vol. I, §§ 1–797; Vol. II, §§ 798–1850. - MANUFACTURE, CONTRACTS FOR (continued) – when title passes on contract to make goods, 754 et seq. not during progress of work, 755. payment in advance does not alter rule, 755. especially where goods not yet separated from others, 756. goods must correspond with order, 158. intention may alter, 759. materials or alterations, 761, 762. impliedly warrants goods fit for use for which they were bought, 1343 et seq. purpose must be known, 1344. to what sellers rule applies, 1345. extent of warranty; latent defects, 1346. liable for secret defects growing out of process of manufacture, 1346. reasonable fitness extent of warranty, 1347. how when articles designed for different use, 1348. how in case of second-hand goods, 1348. warranty not implied where buyer selects article, 1349. or when known and described article is furnished, 1349. that goods are new, 1353. and of his own make, 1353. difference between contract price and value of goods in, measure of damages, 1736 et seq. when price paid in advance, 1741. when no value in, at place of delivery, 1742. when no value in, at all, 1743. when no value in, or actual value, 1744. when no difference between value in, and contract price, 1745. MARKET PRICE- as test of value, 208. not when market controlled by "trust," 208. |