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To bar the vendor's right of stoppage, 202, 207

To enable the vendor to sue for the price, 242, 251

To enable the purchaser to maintain trover, 315

To enable the purchaser to sue the carrier or other bailee, 419, 420


Proof of assent of both parties to the contract, 213, 214, 304

Assent by agent, 215. (See Agent.)

Notice of assent by the party to whom a guaranty is given, 385

Assent of husband to contracts of his wife, 31

Assent by bailee to delivery-order, 421, 422

Assent by carrier, 425

ASSIGNEES. (See Bankrupt.)

When they may affirm the acts of bankrupt, 116

Cannot recover without payment of the charges to which the bankrupt

would have been liable, 183, 184, 318, 319
When liable for goods delivered to bankrupt carrying on trade, 259
Assignee of bill of lading. (See Bill of Lading.)

ASSUMPSIT BY PURCHASER. (See Money had and received—Warranty.)
Proof in action for not delivering, SOS

Assent of the parties, 304. (See Assent.)

Performance of conditions precedent, 305. (See Conditums Pre-
Breach, 306, 307

Averments in declaration where purchaser relies on a particular

construction of the words of the agreement, 307
Liability of vendor, where performance becomes impossible, 308
Damages, 308, 309. (See Damages.)

ASSUMPSIT BY VENDOR.. (See Account stated—Goods bargained and
soldGoods sold and deliveredPleading.)
Action for not accepting, 212
Proof of assent of the parties, 212, 213
Retracting assent, 213—215
Rescission of contract, 215, 292
Assent by agent, 77, 215. (See Agent.)
Proof of terms of contract, 217

Written evidence, when, 49, 217
Stamp on, 218. (See Stamp.)

Cannot be contradicted by parol, 221. (See Parol.)
Variance, 223. (See Variance.)
Performance of conditions precedent, 230. (See Conditions Pre-
Damages, 239. (See Damages.)


Disability to contract on the ground of attainder, 41

AUCTION. (See Auctioneer.)

Sales by auction are within Statute of Frauds, 52, 148
Avoided by fraud, 148, 151. (See Fraud.)
Misdescription, 149,154

Stipulation that misdescription shall not vitiate the sale, 150
Sale is completed by the fall of the hammer, 151

Until then, the bidder may retract, td.

Separate contract for each lot, 53, 152
Particulars of sale cannot be contradicted by representations of auctioneer,

153, 221
Construction of particulars, 155
Notice of conditions, 154
Auction duty, 155

Payable by vendor or his agent, 157

Unless otherwise stipulated, td.

AUCTIONEER. (See Agent—Auction.)

Is an agent for both parties within Statute of Frauds, 75, 160

Unless he makes himself a party, 78, 165
His duty and liability to vendor, 157, 158
His rights against vendor, 159
Indemnity, ib. and note (k)
Compensation and reimbursement, 159, 160
His liability to purchaser, 161
For deposit, ib.

Liable for non-performance where principal is not disclosed, 162
Liable for misrepresentation, ib. 163
His rights against purchaser, 163
He may sue for the price, ib.

Unless the purchaser has settled with the principal without

notice, 164
Or, unless the principal had no title, ib.

AUTHORITY. (See Agent—Countermand.)


BAILEE. (See Carrier.)

Several species of bailments, 414 note

Delivery to purchaser when the goods are in the custody of a bailee,

256, 257
Action against, generally, should be in the name of the consignee, 416, 417
When in the name of the consignor, 415, 416

When the action may be brought in the name of the consignor, 415
When it. must be so brought, 415, 416
Extent of liability, 417, 418

BAILEE— (continued.)

Duty of an ordinary bailee for reward, 417, 418

Different degrees of neglect, 418 note

When he may set up the claim of a third party, 418

Not after acknowledgment, 419

When trover maintainable against, ib.

Infant bailee not liable for negligence, 15

Lien of, 420. (See Lien.)

BANKRUPT. (See AssigneesStoppage in Transitu.)

Fraudulent transfer by trader is an act pf bankruptcy, 107; and void,

though under colour of a sale, ib.
Assignment of whole property, void, 108

Unless by bona fide sale, ib.
Assignment of part, void, when, ib. 109

Not, unless in contemplation of bankruptcy, 109

And in order to give voluntary preference, 109, 110

Not void when in pursuance of a special contract, 110

Nor, when the sale is bona fide, ib.

Nor, when the goods are the property of the transferrce, 111
Voluntary conveyance void, 112
After bankruptcy, no transfer or sale By bankrupt is good, 113

What transactions protected, 114, 115

When not protected, voidable only at the election of the assignees,
Sales To bankrupt, when protected, 117, 118

Payments and other dealings, without notice, when protected, 117

Payments according to ordinary course of trade and dealing, 118

Not payments with notice, 118,119
Goods in possession of bankrupt pass to the assignees, 120

If, at the time of the bankruptcy, ib.

And with owner's consent, 121

What is deemed the possession of the bankrupt, 122

What is sufficient to divest the possession, 122, 125
Symbolical delivery, 123
Appropriation by owner, 124

Goods in temporary custody of bankrupt do not pass, ib.

Nor goods for specific purpose, 125

Nor goods obtained under false pretences, ib.

Nor goods specifically appropriated by the trader before his bank-
ruptcy, 126, 127

Nor property in auter droit, 128


Giving bill or note in payment suspends the original debt, 249, 276
Form of action for breach of agreement to give a bill in payment, 250

BILL OF EXCHANGE— (continued.)
Proof of dishonour, 252, 174
When the instrument operates in discharge of the original debt, 275

Laches on the part of vendor, 252, 275

Election by vendor to take the security, where cash payment offered

Agreement to run the risk", ib.

Where instrument in the bands of third parties, 252
When it does not so operate, 252, 275

Where the instrument is on a wrong stamp, ib.

Where it remains overdue in the hands of the vendor, or his agent, 275

Where it is lost before payment, 276

Unless purchaser liable to subsequent holder, ib.

Unsatisfied judgment thereon, 275
Evidence by purchaser in action on the instrument, 272

Fraud, 133, 272

But not bad quality, 272

Nor breach of express warranty, 272 note

Nor exorbitance of price, 133
Interest, 282. (See Interest.)
Infant not liable on, 20

Unless there has been a subsequent promise to pay, 24

Or unless accepted when of full age, ib.
Feme covert may indorse, with her husband's consent, 31


Form of, 439

Nature of, 194

Negotiable, though " assigns" not expressed, 439 note

Effect of signing several bills of lading, 311 note

Indorsement by the consignee, makes him liable to the consignor for the

price, 257 note
Indorsement in blank, 311 note
Conditional indorsement, 313
Party in possession of bill of lading to be deemed the true owner of the

goods described therein, 298
When indorsee of bill of lading may stop goods, 192
Assignment passes property, 123, 193, 257, 311
Against the assignees of a bankrupt, 123
Against vendor's right of stopping the goods in transitu, 193
But not without indorsement, 194
Nor without valuable consideration, 195, 312
Nor with notice of adverse right or prior claim, 195, 196, 312
Or with notice of consignee's insolvency, 195
Effect of giving partial consideration, 196, 197
When the assignment enables the assignee to maintain trover, 311
Not without consideration, 312

BILL OF LADING—(continued.)

Nor with notice of circumstances that render it not honestly

assignable, 312
Nor where the indorsement took place, after delivery on board,

in favour of a third party, ib.
Nor where it took place before the cargo was put on board, ib.


In transfer of ship or vessel, 79

When continuance of possession by vendor is fraudulent, 100. (See

Fraudulent Alienation.)
When bill of sale the only evidence of the contract, 217


In action for not accepting, 240
In action for not delivering, 307
In action on warranty, 349


An agent within Statute of Frauds, 76

Authority countermandable, 74

Duration of authority by usage of trade, 77

Entry in broker's books is a sufficient memorandum of the contract, 76

Delivery of goods to broker, 260

Distinction between broker and factor not merely nominal, 281 note

Debt due from broker cannot be set off, 280, 281

Liability of broker for the loss of goods, 394

When broker may be considered a partner, 411

When broker may bring the action, 430

The bought and sold notes are evidence of the contract, 76

Unless they materially differ, ib.

When mistake in sale-note vitiates the contract, 77


CARRIER. (See Bailee.)

Delivery to within Statute of Frauds, 63, 64
Delivery to support assumpsit for goods sold, 262
Where the appointment is implied, 76
Where the carrier was to be paid by the vendor, 263
Vendor must do every thing to secure the carrier's responsibility, 264
When the action against the carrier should be brought in the name of the

consignor, 415
When in the name of the consignee, 416, 417
Liability by statute, 421
Liability at common law, 422
Effect of notice to limit liability, 422, 423
When notice nugatory, 423, 424

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