Ruling Case Law: As Developed and Established by the Decisions and Annotations Contained in Lawyers Reports Annotated, American Decisions, American Reports, American State Reports, American and English Annotated Cases, American Annotated Cases, English Ruling Cases, British Ruling Cases, United States Supreme Court Reports, and Other Series of Selected Cases, Volume 24

Front Cover
William Mark McKinney, Burdett Alberto Rich
Edward Thompson Company, 1919
 

Contents

Transportation and Inspection
19
Price to Be Fixed Generally 282 Weighing Measuring or Counting to Fix Price Generally
20
Qualification of Rule as to Measuring etc Intention of Parties
21
Payment of Price 285 Identification of Subject Matter Generally
23
Sale of Part of Mass Necessity for Segregation Generally
24
Qualification of Rule as to Segregation
25
Sufficiency of Identification or Segregation from Mass
26
Effect of Delivery of Part or Entire Mass 290 Application of General Rule
28
Grain and Flour
29
Article to Be Manufactured or Produced Generally
30
Prior to Completion Generally
31
Approval by Buyer during Manufacture or Construction 295 Vessels
32
After Completion Generally
33
Approval and Acceptance by Buyer
34
Necessity for Delivery Generally
35
Property in Hands of Third Person
36
Effect of Delivery Generally
37
Effect of Mistake in Character of Property Delivered 302 Conditional Delivery
38
Delivery to Third Person Generally 304 Delivery to Carrier Generally
40
Qualification of General Rule
42
Form and Retention of Bill of Lading Generally
43
Bill of Lading Taken in Name of Seller
44
F O B Shipments
48
AS BETWEEN BUYER AND THIRD PERSONS 312 As against Subsequent Purchasers Generally
49
As against Creditors of Seller Generally
50
Fffect of Notice of Sale or Subsequent Taking of Possession
52
Sale of Property Having Potential Existence Only 316 Delivery to Third Person 317 Constructive Delivery Generally
53
General Application of Rule as to Constructive Delivery
54
Animals Slaves Estrays 320 Bulky or Ponderous Articles
56
Control of Place Where Property Is Stored
57
Sale between Persons Residing Together Generally 323 Husband and Wife Parent and Child
58
Temporary Change of Possession Generally
59
Retention of Possession as Employee of Buyer 326 Sale by Cotenant
60
Property in Possession of Agent or Bailee
61
Property in Possession of Servant
62
In General XI Remedies of Buyer Generally
63
Equitable Relief
64
Recovery of Price Generally
65
Shortage in Delivery
66
Recovery of Advance Payments on Default of Buyer
67
Action for Damages Generally
68
Measure of Damages Generally
69
Repurchase on Account of Seller
71
Determination of Market Value Time and Place Generally
72
Absence of General Market at Time or Place of Delivery
73
Interest
74
Special Damages Generally 341 Purchase for Particular Use Generally 342 Interruption of Buyers Manufacturing Business
77
Collateral Undertakings of Buyer as Affecting Damages General Rule 344 Qualification of General Rule
79
Sellers Knowledge of Terms of Resale Contracts
81
Delay in Delivery Generally 347 Purchase for Special
82
Defects as to Quality or the Like
83
Wrongful Competing with Business Sold
84
Duty of Buyer as to Minimizing Damages Generally
85
Duty to Purchase from Seller on Other Terms XII Remedies of Seller Generally 352 Preliminary Statement GENERAL PRINCIPLES
86
Joinder and Splitting Causes of Action
88
Necessity for Acceptance by Buyer Generally
90
Articles to Be Manufactured or Produced 358 Qualification of Rule Permitting Recovery of Price on Refusal to Accept
92
Delivery to Carrier as Authorizing Action for Price 360 Expense of Keeping Property for Buyer
94
Interest on Price 362 Time to Sue Generally
95
Failure to Give Note etc According to Agreement for Credit
97
Limitation of Actions 365 Form of Action
98
Complaint in Action for Price
99
Defenses to Action for Price Generally
100
Inconsistent Defenses
101
Countermand of Order by Buyer
102
Breach of Warranty and Fraud as Defense
103
Setoff Recoupment and Counterclaim Generally
104
Claims Arising Out of Contract of Sale Generally 373 Damages for Breach of Warranty Negligence or Fraud
105
Right of Recoupment as Affected by Giving Note for Price
107
Pleading Defenses RESALE ON ACCOUNT OF BUYER 376 Where Title Has Passed to Buyer
108
Executory Contracts of Sale
109
Notice of Resale 379 Conduct and Expenses of Sale Generally
111
Place of Sale
112
Effect of Purchase by Seller or Buyer
113
Conclusiveness of Resale as Fixing Damages ACTION FOR DAMAGES 383 In General
114
Time of Bringing Action
115
Pleading 386 Measure of Damages Generally
116
Sale of Articles to Be Manufactured or Produced Generally
117
Manufacture or Production Stopped by Buyer
118
Interest
119
Determination of Market Value
120
Lien of Seller and Right of Stoppage in Transitu LIEN 391 Nature of Lien
121
What Law Governs Generally
122
Removal to Another Jurisdiction as Affecting Lien
123
Lien Prior to Delivery Generally
124
Sale on Credit and Insolvency of Buyer before Delivery
125
Lien after Delivery Civil Law Rule and Statutory Provisions
126
Common Law Rule as to Lien after Delivery
127
Lien Created by Agreement
128
STOPPAGE IN TRANSITU 399 Definition and Origin of Right
129
Special Circumstances as Affecting Right
130
Who May Exercise Right Generally
132
Agent of Seller 403 Insolvency of Buyer Generally
133
Time When Insolvency Occurs
134
Nonpayment of Price
135
Against Whom Right Enforceable Generally
136
Execution and Attachment Creditors
137
Assignee for Creditors or in Bankruptcy
138
Resale Generally
139
Transfer of Bill of Lading or Other Documents of Title
140
Who Are Bona Fide Transferees for Value 412 When Goods Considered in Transitu Generally
141
Buyers Ownership of Means of Conveyance
142
Delivery to Agent of Buyer Generally
143
Right as Affected by Termination of Transit Generally
144
Demand by Buyer as Terminating Transit
145
Sufficiency of Delivery to Terminate Transit Generally 418 Notice of Arrival Warehousing Goods Landing on Wharf
147
Interception during Transit Continuity of Original Shipment Reship ment
148
Delivery of Part 421 Exercise of Right Generally
149
Effect of Exercise of Right Generally
150
Duty of Carrier or Middleman after Notice from Seller
151
Enforcement and Waiver of Right
152
Warranties GENERAL PRINCIPLES 425 Definition and Nature
153
Time of Warranty Consideration
154
Conditions Legality of Sale
155
Executory Contracts of Sale Generally
156
Affirmations as to Quantity or Size
167
Affirmations as to Quality or Condition Generally
168
Qualification of Rule Dealers Talk Questions for Jury
169
Sale of Second Hand Article
170
Sale by Description General Rule
171
Inspection and Opportunity Therefor
173
Application of Rule Generally
174
Sale of Seeds Generally
175
Disclaimer of Warranty as to Kind of Seed 450 Warranties in Sale of Animals
176
IMPLIED WARRANTIES 451 Definition Nature
178
General Rule Caveat Emptor
179
Minority Rule as to Warranty of Soundness from Sound Price
181
Warranty of Title General Rule
182
Exceptions to Rule Generally
184
Want of Possession by Seller 457 Judicial and Execution Sales
185
Merchantable Quality
186
Fitness for Intended Purpose General Rule
187
Minority Rule as to Warranty of Fitness 461 Extent and Qualification of Rule Generally
189
Article Conforming to Plans and Specifications
191
Sale Subject to Test 464 Sale by Manufacturer or Producer General Rule
192
Extent and Qualification of General Rule
193
Defects in Materials Used in Manufacture
194
Sale of Provisions General Rule
195
SALE BY SAMPLE 478 In General
207
Nature of Warranty
208
Extent of Warranty Generally
209
Latent Defects Common to Sample and Bulk 482 Usage of Trade as Extending or Varying Warranty
211
Sale by Description or by Manufacturer and by Sample
212
What Constitutes Sale by Sample Generally
213
Opportunity for Inspection
214
Contract for Sale of Articles Not in Esse
215
Proof of Sale by Sample Generally 488 Admissibility of Oral Evidence to Show Sale by Sample
216
CONSTRUCTION AND SCOPE OF WARRANTY
217
Unknown Defects 491 Known and Patent Defects Majority View
219
Minority View as to Patent Defects 493 Character of Defect Included in Majority View
220
Warranty of Seeds and Nursery Stock
222
Warranty in Sale by Description Generally
223
Effect of Adulteration 497 Warranty of Soundness of Animal or Slave Generally
224
Open Defects in Animal or Slave 499 Time of Existence of Defects
225
Particular Defects Constituting Unsoundness
226
Vices as Unsoundness
227
Pregnancy Sterility and Barrenness 503 Proof of Unsoundness
228
Warranty of Title General Scope and Effect
230
Necessity for Dispossession or Loss Minority View 506 Majority View as to Necessity for Dispossession or Loss
231
Proof of Sellers Want of Title Generally 508 Effect of U S Brand
233
In General CLAIM FOR DAMAGES GENERALLY
234
Effect of Rescission on Claim for Damages Generally
235
Where Price Has Been Paid or Note Therefor Given
236
Judgment in Action for Fraud as Bar 513 Limitation of Actions Generally
237
Warranty of Title
238
Waiver of Breach Generally
239
Effect of Resale by Buyer
240
Right of Seller to Remedy Defects or Substitute Another Article
241
Form of Action Generally 519 Action on the Case
242
Effect Given to Price Paid as Affecting Damages
255
Interest 536 Special or Consequential Damages General Rule
256
Application of Rule Generally
257
Profits or Gains Prevented Generally
259
Reimbursement for Liabilities Incurred on Resale 540 Injury to Business
260
Personal Injuries
262
Warranty of Seed
263
Warranty of Nursery Stock Generally
264
Limitation of Liability by Contract 545 Warranty of Soundness of Animal or Slave Generally
266
Loss of Profits from Inability to Use Animal
267
Mitigation and Enhancement of Damages
268
Warranty of Title General Damages
269
Special Damages
270
In General XV Rescission of Sale Generally GENERAL PRINCIPLES
271
Default of Seller Generally
272
Fraud FRAUD OF BUYER 578 Nondisclosure or Misrepresentation of Facts Affecting Value
295
Inadequacy of Price Relation of Trust or Confidence
296
Representations as to Financial Condition Generally
297
Wilfulness of Misrepresentation Existence of Intention to Pay 582 Time of Representations and Reliance of Seller Thereon
299
Representations Made to Third Persons Generally 584 Representations to Commercial Agency Generally
300
Representations to Mercantile Agency as Affected by Time of Making 586 Representations by Third Persons
302
Intention of Buyer Not to Pay General Rule
303
Minority Rule as to Intention Not to Pay 589 Time of Forming Intention Not to
305
Want of Reasonable Expectations of Paying 591 Nondisclosure of Insolvency
306
Rescission by Seller Generally 593 Proof of Fraud Generally
308
O D Shipments
309
Risk of Destruction or Loss of Property
310
Revesting Title in Seller
311
Purchasers with Notice of Fraud
312
Assignee for Benefit of Creditors Trustee in Bankruptcy Receiver
313
Attachment and Execution Creditors
314
Bona Fide Purchaser Generally
315
Qualification of General Rule as to Bona Fide Purchaser
317
Preexisting Indebtedness as Consideration Majority View
318
Minority View as to Preexisting Indebtedness
319
Other Considerations in Addition to Preexisting Indebtedness 605 Transferee of Bill of Lading or Warehouse Receipt
320
General Effect of Rescission by Seller
321
Restoration by Seller Generally
322
Notes Given by Buyer
323
View Applying Equitable Principles
324
Waiver of Sellers Right to Rescind Generally
325
Action for Price as Waiver
326
Recovery of Judgment for Price 613 Replevin by Seller
327
Trover Trespass
328
Action of Deceit
329
Assumpsit for Price or Value
330
Suit in Equity 618 Following Proceeds of Goods
331
FRAUD OF SELLER 619 Rule of Caveat Emptor Generally 620 Nondisclosure of Patent Defects
332
Nondisclosure of Latent Defects
333
Suit in Equity
354
Conditional Sales Goods Not in Esse
429
Parties to Warranty Generally
430
Liability of Seller to Third Persons Generally
431
Subsequent Purchasers
432
Novation of Contract or Assignment of Cause of Action
433
Rights of Surety for Price
434
Proof of Breach of Warranty Generally
435
Proof by Comparison or Contrast
436
In General EXPRESS WARRANTIES
437
Questions of Law and Fact Generally
438
Statement of Opinion or Judgment
439
Intention of Parties
442
Pleadings
520
In General NOTICE OF DEFECTS
521
Provision in Contract Requiring Notice Generally
522
Form and Sufficiency of Notice
523
Notice to Agent of Seller
524
Waiver of Notice Generally
525
Waiver by Agent
526
In General
527
Provision in Contract for Return Generally
528
Provision for Return Permissive in Form
529
Compliance with Provision for Return
530
Default of Buyer Generally
552
Credit Sales Insolvency of Buyer
553
Entering into New Contract
554
Effect of Mutual Rescission
555
In General
556
Rule in England Prior to Sales
557
Rule in United States Generally
558
Majority View as to Default of Buyer
559
Minority View as to Default of Buyer
560
Majority View as to Default of Seller
561
Minority View as to Default of Seller
562
Waiver and Necessity of Notice of Termination Generally
563
Acceptance of Prior Deliveries Defective in Quality
564
Acceptance of Prior Deliveries Defective in Quantity
565
Effect of Prior Acceptances on Later Defaults
566
General Effect of Rescission
567
In General
568
Warranty of Title
569
Statutory Provisions
570
Agreement for Return
571
Rejection before Actual Delivery and Acceptance
572
Exercise of Right of Rescission Generally
573
Restoration by Buyer Generally
574
Effect of Continued Use of Property
575
Effect of Injury to or Deterioration of Property
576
Qualification of Rule as to Complete Restoration
577
Misrepresentations Generally
622
Time of Making of Misrepresentations
623
Misrepresentations by or to Third Persons
624
Artifices to Conceal Defects
625
Materiality of Representation and Negligence of Buyer
626
Waiver of Return 532 General Rule
MEASURE OF DAMAGES
Copyright

Other editions - View all

Common terms and phrases

Popular passages

Page 523 - Knowledge and learning generally diffused throughout a community, being essential to the preservation of a free government, it shall be the duty of the General Assembly to encourage, by all suitable means, moral, intellectual, scientific and agricultural improvement, and to provide by law for a general and uniform system of common schools, wherein tuition shall be without charge, and equally open to all.
Page 678 - ... of the sanctity of a man's home and the privacies of life. It is not the breaking of his doors and the rummaging of his drawers that constitutes the essence of the...
Page 754 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 681 - Upon the other hand, the corporation is a creature of the State. It is presumed to be incorporated for the benefit of the public. It receives certain special privileges and franchises, and holds them subject to the laws of the State and the limitations of its charter. Its powers are limited by law.
Page 183 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose...
Page 74 - The damages must be such as may fairly be supposed to have entered into the contemplation of the parties when they made the contract...
Page 388 - ... the bare possession of goods by one, though he may happen to be a dealer in that class of goods, does not clothe him with power to dispose of the goods as though he were owner, or as having authority as agent to sell or pledge the goods, to the preclusion of the right of the real owner.
Page 183 - ... there is an implied condition that the goods shall be reasonably fit for such purpose, provided that in the case of a contract for the sale of a specified article under its patent or other trade name, there is no implied condition as to its fitness for any particular purpose...
Page 17 - An invoice," as said by this court in Dows v. National Exchange Bank, 91 US 618, 630, "is not a bill of sale, nor is it evidence of a sale.
Page 48 - ... the same in good faith and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer were expressly authorized by the owner of the goods to make the same.

Bibliographic information