to or for the use of another person, the same lien on the goods as if such person were the owner of the goods, and may transfer such lien to another person. In the case of dispositions by sellers and buyers of goods remaining in possession, where a person having sold goods continues in possession of the goods or of the documents of title to the goods, any sale, pledge, or other disposition of them by that person or by a mercantile agent acting for him, the transfer will have the same effect as if they had been transferred by the owner. They may, too, be disposed of by the buyer acting in good faith and without notice of any lien or other right of the original seller in respect of the goods. The effect of transfer of documents on the seller's lien, when lawfully transferred, will be that of defeating any seller's lien or right of stoppage in transitu as the transfer of a bill of lading has for defeating the right of stoppage in transitu. The mode of transferring documents in reference to sale is by delivery; but an agent cannot exceed or depart from his authority as between himself and his principal, or exempt him from any liability, civil or criminal, for so doing; and he may recover the goods from his agent or trustee in bankruptcy at any time before the sale or pledge of them. Furthermore, nothing in the Factors Act, 1889, will prevent the owner of goods sold by an agent from recovering from the buyer the price agreed to be paid for the same subject to any right of set-off on the part of the buyer against the agent. The Factors Act, 1889, does not extend to Scotland. In reference to the ancient statutes 31 Eliz., cap. 12 ("an Act to avoid horse stealing") and 2 & 3 Philip & Mary, cap. 7 (“an Act against the buying of stolen horses ") notice has only incidentally been made. FINIS. general rule in reference to, and goods destroyed, ib. specific goods, 12. AUCTION (SALES BY), when, complete, 55. when bidder may retract bid in, ib. when, not notified to be subject to a right to bid, ib. 66 may be notified to be subject to "reserved" or upset" AUCTIONEER, must affix or suspend ticket, etc., containing full Christian BANKRUPTCY, rules in, relating to contracts of sale, 57. BUYER, goods rejected by, 46. goods delivered to ship chartered by, ib. part delivery made by, ib. re-sale by, 48. when, wrongfully neglects or refuses to accept goods, 51. when, has elected to accept goods (Scotland), 56. meaning of term, 58. "CAPACITY," meaning of term, 5. CARRIER, tradesman ordering goods to be sent by, 25. seller's duty to secure responsibility of, 40. CAVEAT EMPTOR, 21. COMMON LAW, rules of, in reference to the sale of goods, 57. CONDITIONS AND WARRANTIES, 13. CONTRACTS OF PURCHASE AND SALE, executory, 18, 19. CONTRACT OF SALE, a consensual contract, 3. formation of, ib. where property in goods transferred by, ib. what, includes, 4. quasi, defined, 5. must be two or more parties to a, 7. essence of a, 13. representations made during a, ib. failure to perform material part of a (Scotland), 14. implied conditions in a, 15. effect of a, 22. when not rescinded, 47. for specific thing in existence, 24. performance of a, 34. right, duty, or liability under a, 54. CORPORATIONS, must contract under seal except in minor matters, 7. "DEFENDANT,” what is included in term, 58. "DELIVERABLE STATE," signification of words, 59. "DELIVERY," term defined by Sale of Goods Act, 1893, 39. DEPOSIT, meaning of term, 12. DRUNKENNESS, when, an excuse for non-payment, 6, 7. FACTORS ACT, 1889, provisions of, 59, 60, 61, 62. "FAULT," meaning of term, 58. FRAUD, complete answer to refusal to complete contract, 9. Goods, what term includes, 58. person cannot purchase his own, 4. when person contracts to sell, ib. where person buys, and makes default, ib. written offer to sell, how accepted, 7. what constitutes acceptance of, within sub-section (3) of Section 4 of Sale of Goods Act, 1893, 8. when person entitled to refuse to complete contract of sale for, 9. contract of sale of specific, 12. sale of, by description, 15. where contracting parties intend to provide for any particular state or condition of, 16. bargain and sale of specific, 18. no implied warranty as to quality of, 20. no implied warranty of title to, ib. descriptive, must be distinguished from specific, 22. specific, 25. when seller of, draws on buyer, ib. unascertained, 26. when, remain at seller's risk, 27. person professing to sell, 30. stolen, Section 100, Larceny Act, 1861. |