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References are to sections.
1. Waiver of Performance.
Party entitled may waive performance...
Elements of a waiver......
Mere silence not a waiver
Mere leniency no waiver....
Friendly attempts at adjustment no waiver
Acceptance of part performance as waiver.
Statement of some objections as a waiver of others.....
1070
1071
1072
1073
1074
1075, 1076
... 1077
Voluntary and unconditional acceptance of deficient performance a
waiver.
Where performance due is in instalments
2. That the Other Party is in Default.
1078, 1079
1080
Default of one party as excuse for non-performance by the other..... 1081
Buyers failing to come or send for the goods..
Part performance only of entire contract...
Contemporaneous acts — Default in payment.
3. Renunciation of Contract.
1082
1083
1084-1086
Renunciation of contract by one party will excuse performance by the
4. That the Buyer has Become Insolvent.
When buyer on credit becomes insolvent, seller may decline to per- form.....
.......
1093-1095
5. That the Other Party is Unable to Perform.
Buyer may repudiate where seller unable to convey title
1096
6. That the Other Party has Disabled Himself to Perform.
Prevention by one party equivalent to performance by the other..... 1106
After part performance..
1107
OF THE TRANSFER OF THE TITLE BY THE SELLER.
1119-1121
Delivery usually to be concurrent with payment.......
Conditions precedent to delivery - Notice of readiness to deliver or re-
ceive.....
2. The Place of Delivery.
... 1122, 1123
When no place specified, delivery to be where goods were at time of
Time of delivery when no time agreed upon-Reasonable time.. ... 1129
When notice is required....
Agreement to deliver during indefinite period
Reasonable time, how determined....
Delivery where time is agreed upon - Construction of terms
1130
1131
1132, 1133
1134
1135
1136
1137
1138
Performance at time a condition precedent......
Delivery by instalments
The rule in the United States
1139
-
- Breach of one of successive performances. 1140
The English rule.....
1141-1143
....
Norrington v. Wright-Default in delivery
Pope v. Porter - Default in delivery................
McGrath v. Gegner - Default in payment.
Weight of authority .
Alterations by consent in time or place of delivery..
Résumé of cases
4. The Thing to be Delivered.
Severable contract - Recovery for part performance.
Severable contract - Failure as to part.....
Quantity indefinite - "More or less". "About"
Quantity indefinite - Option as to quantity - Election
Retention of part delivered — Implied promise to pay therefor .. 1162
5. To Whom Delivery is to be Made.
Must be to buyer or some one who represents him for that purpose... 1172
Is matter of agreement - Construction of agreement...... 1178-1180
Undertaking of seller to "send," "ship" or "forward" goods, how sat-
isfied.......
Selection of carrier...
Delivery to the carrier must be made with due care.
Undertaking of seller to deliver the goods, how satisfied.
. 1181
1182
1183
... 1184
In general.....
6. What Constitutes Delivery.
1185
Delivery complete when goods properly placed at buyer's disposal... 1186
What acts necessary in ordinary cases...
Where goods in possession of bailee - Attornment
1193
Delivery by transfer of bill of lading or warehouse receipt...
1194
Delivery to carriers....
1195
Delivery by carriers...
1196
Delivery where goods are bulky or not capable of manual deliv-
ery-Symbolical delivery...
1197
Delivery where goods are retained by seller or bailee of buyer.. 1198
Delivery of growing crops..
1199
Performance by seller of implied conditions, often called implied war-
Time, place and quantity as conditions precedent - Time
Quantity
1215
1216
Place....
1217
Difference in legal effect between condition and warranty.
Condition precedent becoming warranty after acceptance...
CHAPTER V.
OF WARRANTY BY THE SELLER.
1218
1219, 1220
What constitutes a warranty-Any direct and positive affirmation 1235, 1236
Intention to warrant..
1237
How determined..
1238
Motive - Good faith no defense...
1239
Reference to other warranties or to printed statements - Warranty
by conduct.......
1240
Mere expression of judgment or opinion no. a warranty.
1241
What questions presented..
1242
...
Test for determining.....
1243
How determined...
Court or jury......
Mere commendation or "seller's praise" not a warranty..
Consideration for the warranty - Time of making it......
Construction of warranties in general...
Intent governs...
How words understood..
Oral and written warranties.....
Completed writing excludes oral warranty..
Otherwise of incomplete writing..........
Impeaching writing for fraud.
Written contract does not exclude implied warranties.
Express warranty as excluding implied warranty..
When relating to different subject..
Express warranty as excluding usage..
Time, duration and place of warranty.
Warranty as to future event........
Warranty against future acts of government..
Representations concerning soundness in animals.
Words used....
What constitutes unsoundness..
1244
1245, 1246
1247-1249
1250
1251
1252
1253
1254
1255
1256
1257
1258
1259
1260, 1261
1262-1264
1265
1266
1267
1268
1269
1270