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

STATUTE OF FRAUDS (continued) -

-

goods sold must be stated or described, 437.

price must be shown, 438.

terms of credit and mode of payment must be stated, 439.

time and place of delivery must be stated if agreed upon, 440.

all other material terms must be included, 441.

consideration need not be expressed unless required by statute, 442.
memorandum must show complete contract, 443.

memorandum must import a sale, 444.

parol evidence not admissible to supply deficiencies, 445.

parol evidence to contradict complete memorandum, 446, 447.

but defendant may show memorandum, relied upon by plaintiff, to be
incomplete, 448.

c. Of the Signing by the Parties.

whether both parties must sign, 449.

written offer accepted by parol, 450.
how to be signed, 451.

d. Of Signing by Agent.

who may be agent, 452.

how appointed, 453.

several owners; one as agent for all, 454.

how sign, 455-458.

one person as agent for both parties, 459.

evidence of authority, 460.

signing by auctioneer, 461.

auctioneer selling his own goods cannot sign for both, 462.

broker as agent for both parties, 463-466.

"bought and sold notes" in English practice, 467.

English rules governing, 468.

bought and sold notes in the United States, 469.
revocation of broker's authority, 470.

signing by one partner, 471.

e. Of Alteration of the Memorandum.

effect of alteration, 472.

memorandum not to be altered by parol, 473.

discharge or substitution of agreement may be shown, 474.

STATUTES-

requiring filing or recording of conditional contracts, 603.

STATUTES FORBIDDING SALES-

effect of, 1044 et seq.

STOCK OF GOODS —

additions to, conditionally sold, 637.

STOCKS-

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

sales of, within statute of frauds, 331.

STOPPAGE IN TRANSITU —

I. THE SELLER'S RIGHT OF STOPPAGE IN TRANSITU.

what here included, 1524.

1. The General Nature of the Right.

the origin and nature of the right, 1525, 1526.

exists only when title has passed, 1527.

right favored in the law, 1528.

2. Who May Stop the Goods.

right may be exercised only by vendor or one in his position, 1529.
by factor who has bought goods for principal, 1530.

by person who pays price for vendee, 1531.

but not by vendor of seller, 1532.

nor by unpaid agent of seller, 1533.

principal who has consigned goods to factor may stop, 1534

surety for the buyer may not stop the goods, 1535.

seller of executory interest may exercise the right, 1536.
stoppage by agent for his principal; ratification, 1537.

3. Against Whom Stoppage May be Effected.

against buyer or one standing in his attitude, 1538.
only against an insolvent buyer, 1539.

evidence of insolvency, 1540.

absconding, attachment, etc., not enough, 1541.
insolvent when, 1542-1544.

4. Under What Conditions Stoppage May be Effected.
goods can be stopped only while in transit, 1545, 1546.
existence of a transit; goods transported on ship or other vehicle

owned or chartered by purchaser, 1547.

shipment on vessel owned by buyer, 1548.
shipment on vessel chartered by buyer, 1549.

same subject; reserving control, 1550.

shipment by carrier designated by the buyer, 1551.

shipment through purchasing agent of buyer, 1552.

how long the transit continues; in general, 1553-1555.
buyer may intercept the goods, 1556.

is carrier's consent necessary, 1557.

interception by buyer's agent; agent to receive or forward, 1558-1561.
interception by sub-purchaser; mere resale does not defeat stoppage,
1562.

indorsement of bill of lading, 1563-1567.

pledgee of goods; bill of lading as security, 1568.

absolute sale of goods, but purchase price unpaid; right to reach
proceeds, 1569, 1570.

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

STOPPAGE IN TRANSITU (continued) –

-

interception by buyer's creditors; attachment; garnishment, 1571.
interception by seller as a creditor; attachment by seller, 1572.

when transit ends; arrival at destination, 1573-1577.

goods not yet unloaded, 1578.

goods in carrier's or other warehouse; attornment, 1579, 1580.
carrier as bailee for buyer, 1581-1583.

deposit of goods in custom-house, 1584-1587.

goods in hands of local truckman, 1588-1590.

how, when consignee refuses to receive goods, 1591, 1592.

who may take possession for vendee; agent, 1593.
administrator; assignee, 1594.

not sheriff, 1595.

or mortgagee, 1596.

actual or constructive possession by purchaser, 1597-1601.
effect of part delivery, 1602.
effect of part payment, 1603.

effect of taking note, 1604.

5. How Stoppage May be Effected.

no particular method necessary; notice to stop, 1605-1607.
to whom notice to stop should be given; vendee, 1608.

carrier's agent, 1609.

carrier's lien must be satisfied, 1610.

6. Effect of Stopping the Goods.

restores right of possession, 1611.

does not rescind the sale, 1612.

remedy of seller to secure payment, 1613.

IL SELLER'S RIGHT OF STOPPAGE ON EXECUTORY SALE

nature of this right, 1614-1616.

how right exercised; its effect, 1617.

STOPPING PERFORMANCE —

rights of one when other stops, 1091.

"STRADDLE❞—

meaning of, 1034, n.

STRANGERS -

payment by, 1466, 1467.

SUBSEQUENT APPROPRIATION (see APPROPRIATION).

SUBSEQUENT CREDITORS —

may avoid conveyances, when, 973.

SUBSEQUENT PURCHASERS (see FRAUD) —

who are, 992.

what delivery necessary as against, 980 et seq.

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

SUBSEQUENTLY-ACQUIRED TITLE-

accrues to benefit of buyer, 1305.

SUBSTITUTION OF GOODS —

where sold conditionally, 643.

SUBSTITUTION OF NEW CONTRACT —

for old contract of sale, 806.

SUITS (see ACTIONS; REMEDIES).

contract must actually be made on Sunday, 1055.

whole contract void, 1054.

warranty on, not enforceable, 1056.

on action for deceit in, 1056.

ratification of, 1057.

consideration required, 1058.

conflict of laws, 1059.

SYMBOLICAL DELIVERY-

when suffices, 1197.

TELEGRAMS –

-

-

as note or memorandum under statute of frauds, 429.
TELEGRAPH (see CONTRACT OF SALE) —
contracts by, 247–251.

TENDER (see DELIVERY; PERFORMANCE).
TENDERS -

of goods, whether amount to contracts, 263.

TERMINATION BY CONSENT (see AVOIDANCE; RESCISSION) —
in general, 801, 802.

I. TERMINATION OF CONTRACT BY SUBSEQUENT MUTUAL CONSENT.
contract may be discharged by agreement, 803.

executory contracts, 804.

executed contracts, 805.

substitution of a new contract, 806.

intention must be clear, 807.

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

TERMINATION BY CONSENT (continued) -

introduction of new parties, 808.

formalities of rescission; delivery, 809.

one party alone cannot rescind; breach of contract acquiesced in, as
a rescission, 810, 811.

II. TERMINATION OF THE CONTRACT IN PURSUANCE OF THE ORIGINAL
AGREEMENT.

parties may stipulate for subsequent termination, 812.

right may be reserved to terminate for any cause, 813..

or may be limited to particular cause or event, 814.

or may be limited as to time and manner, 815.

usually no rescission of executed sale for mere breach of warranty; al-
lowed in some States, 816-819.

may be rescission for fraudulent warranty, 820.

contract may provide for rescission for mere breach of warranty, 821.
rescission for breach of warranty on sale of implements, 822.
form, 823.

delivery at time agreed a condition precedent, 1139, 1215.
alterations in, by consent, 1151.