References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798-1850. CONTRACT OF SALE-IN GENERAL (continued) - - assent must be mutual, unconditional and co-existent, 219. mere negotiations not amounting to proposition and acceptance, 220–223. offer must be accepted, 226. offer must be accepted as made, 227, 228. counter-proposition operates as a rejection, 229. what constitutes such counter-proposition, 230, 231. if counter-proposition accepted, contract results, 232. original proposition not open to acceptance after rejection by terms of sale must be fully agreed upon, 234. negotiations in contemplation of more formal contract, 235–237. manner of accepting, 239. what constitutes, 240. acceptance by conduct, 241-243. time of acceptance, 244, 245. question of acceptance, how determined, 246. method of acceptance in these cases, 248-250. right to withdraw offer, 252. voluntary offer may be withdrawn, though time given for its ac- voluntary offer may be revoked, though declared “irrevocable,” 254. how offer revoked, 257. mailing letter, etc., not enough, 258. offer under seal, 259. lapse of offer; notice, 260. waiver of revocation, 261. withdrawal of acceptance, 262. II. UNILATERAL CONTRACTS. unilateral contracts, 263, 264. III. OF THE EFFECT OF MISTAKE IN MAKING THE CONTRACT. mistakes of parties in making the contract, 265. mistake as to nature of transaction, 266. mistake as to identity of party, 267–269. mistake regarding the thing sold, 270. existence of thing sold, 271. identity of thing sold, 272. unknown articles contained or concealed in thing sold, 273. References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798–1850, CONTRACT OF SALE-IN GENERAL (continued) — mistake as to quantity, 274. mistake as to kind, quality or character, 275, 276. mistake as to location, 277. mistake as to terms of contract; price, 278. CONVEYANCES- to defraud creditors, see FRAUD ON CREDITORS. CORPORATE RECORDS – - as "note or memorandum" under statute of frauds, 431. CORPORATE STOCKS AND BONDS - specific performance of contract for sale of, 1727. CORPORATIONS — as buyers and sellers, 140-142. COSTS - in action by sub-vendee against first vendee, recoverable from first when may be recovered by evicted vendee against vendor, 1798. remedy of seller where buyer countermands order, 1699. after part delivery, 1700. when goods partly manufactured, 1701. before manufacture begun, 1702-1705. effect on seller's rights, 1706-1708. treating as present breach, 1709-1712. treating contract as rescinded and recovering quantum valebat, 1713. COUNTER PROPOSITION (see CONTRACT OF SALE) - operates as rejection of offer, 229–233. CREDIT- payment not due until expiration of term of, 1410. right to rescind term of, when procured by fraud, 912, 1411. waiver of seller's lien by giving, 1479. expiration of term of, revives seller's lien, 1521. damages for failure to give term of, as agreed, 1754, 1755. CREDITORS — sale for cash good as against, 556. conditional sale good as against, 597. sales in fraud of, see FRAUD UPON CREDITORS. CROPS- References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798-1850. to be raised, may be sold, 200 et seq. CUSTOM-HOUSE- deposit of goods in, as terminating transit, 1584. DAMAGES- L. FOR SELLER'S REFUSAL TO SELL. a. Usually Difference Between Contract Price and Market Value, 1736- how, when price paid in advance, 1741. how, when no market at place of delivery, 1742. how, when goods have no market value, 1743. how, when goods have neither market nor actual value, 1744. how, when no difference between contract price and value, 1745. how, when goods to be delivered in instalments, 1746. how, when goods to be delivered "on or before" a certain day, 1747. how, when delivery postponed at seller's request, 1749. how, when seller repudiates contract in advance, 1750-1753. how, when seller refuses to give credit as agreed, 1754. b. When Special Circumstances in Contemplation, 1756 et seq. resale not contemplated, 1762. resale known to vendor, 1763. extent of knowledge required, 1766. cost of procuring substitute, 1768. cost of defending action brought by sub-vendee, 1769. c. When Goods Intended for Special Use, 1771-1777. no damages for speculative losses, 1777-1779. pleading special damages, 1780. IL FOR SELLER'S FAILURE TO DELIVER. trover, damages in, 1786. goods of fluctuating value, 1787. IIL FOR DELAY IN DELIVERY. IV. WHERE TITLE FAILS. References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798-1850. DAMAGES (continued) - what constitutes eviction, 1796. warranty broken by incumbrances, 1797. costs of suit, 1798. V. FOR BREACH OF WARRANTY OF QUALITY. action for, 1810. notice of defects not necessary, 1811. or offer to return, 1811. vendee not bound to anticipate defects, 1814. purchase of bill of lading, 1816. a. Measure of Damages in General, 1817. evidence of value, 1818. time of estimating, 1819. place of estimating, 1820. b. Measure where Goods Bought for Special Purpose, 1821. expenses incurred, 1826. gains prevented, 1827. purely speculative profits not compensated, 1829. c. Where Goods Bought to be Resold, 1833. damages paid sub-vendee, 1834. payment of price not necessary to recovery, 1835. does not defeat, 1836. resale of goods does not defeat, 1837, 1838. VI. IN ACTIONS FOR DECEIT OR FRAUD. measure of, 1843. VIL FOR BUYER'S REFUSAL TO PURCHASE. where title not passed but goods delivered, 1684-1688. DAY- how days computed, 1135. DEALER (see MANUFACTURER; WARRANTY)— implied warranty of, that goods are merchantable, 1340. implied warranty by, that goods are fit for contemplated use, 1343 et seq. extent of warranty, 1346 et seq. not liable for secret defects, when, 1346. no warranty when buyer selects the article, 1349. or when known and described article is furnished, 1349. implied warranty of food sold, 1356 et seq. DECEIT - - References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798-1850. actual fraud, necessity of, 875. in Sunday sale, no action lies, 1056. action for, by seller against buyer, 1666. by buyer against seller, 1843. see DAMAGES; REMEDIES; ACTIONS. DEFAULT- of one party as excuse for non-payment by the other, 1801. - as justifying repudiation of contract, 1144 et seq. as justifying repudiation of whole contract, 1147. by one holding subject to secret lien, 147. by one who obtained by a trick, 149. by fraudulent grantee of debtor, 150. by fraudulent debtor, 151. by conditional vendee, 152. by purchaser who has not paid, 153. DEFECTS (see WARRANTY; WAIVER; DAMAGES). - III. TO SUSTAIN SALE AS AGAINST SUBSEQUENT PURCHASERS. delivery requisite, 980 et seq. retention of possession badge of fraud, 983 et seq. what delivery suffices, 986 et seq. |