BILL OF LADING-(continued.) Nor with notice of circumstances that render it not honestly Nor where the indorsement took place, after delivery on board, Nor where it took place before the cargo was put on board, ib. BILL OF SALE, In transfer of ship or vessel, 79 When continuance of possession by vendor is fraudulent, 100. (See When bill of sale the only evidence of the contract, 217 BREACH, In action for not accepting, 240 In action for not delivering, 307 In action on warranty, 349 BROKER, 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 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 BOUGHT AND SOLD NOTES. (See Broker.) C. 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 CARRIER (continued.) When the carrier's liability is discharged, 424-426 By the plaintiff's neglect, 424, 425 Or fraud or concealment, 425 By performance, ib. Form of action against, 426 CHEQUE. Where a worthless cheque is fraudulently given in payment, the property CLERK. Signature by clerk of agent sufficient within Statute of Frauds, 78, 165 Commission of agent regulated by contract, 402 Or by usage of trade, ib. When it cannot be recovered, 402, 403 CONCEALMENT. (See Fraud.) CONDITION. Conditional conveyance, possession under, 102, 103 Accidental delivery without performance of condition, 294, 295 Impossible condition, 308 Guaranty on condition, 385 Conditional indorsement of bill of lading, 313 Conditions of sale, 152 CONDITIONS PRECEDENT, 230-239 Proof of performance necessary, 230, 305 Express or implied, 230, 231 Whether defendant has been prejudiced or not by the non-perform- ance, 232 Whether he objected on that particular ground, ib. Sale by sample, 232, 233 Purchaser may compare the bulk with the sample, 233 Stipulation that the sale should be good pro tanto, ib. Particular place, 233 Particular time, 234. (See Time.) Particular quantity, 234, 235. (See Quantity.) Tender, 236 When performance excused. Where defendant has waived it, 232, 238 Or discharged the plaintiff, 238 Or prevented performance, ib. Not if a third party has prevented the performance, 238 Unless so stipulated, 238, 239 Concurrent promises, 236 Performance necessary, 236, 237 Waiver of part by defendant, 237 After verdict, the averment is sufficient that defendant was ready and Mutual independent promises, 239 Whether the promise, or the performance, be the consideration, ib. CONSIDERATION, Necessary in sale or barter, 1 When moral obligation sufficient, 31, 32 note, 40 Necessary in assignment of bill of lading, 312 Need not be stated in memorandum within the 17th section of the Statute of Frauds, 72 Secus, as to 4th section, 72 note, 382 What is sufficient consideration to bind a guarantee, 383, 384 Subsequent failure of consideration, 330, 331 When failure of consideration is a defence to an action on a bill or note given for goods, 272, ib. note (a) Variance in stating, 226, 343 Want of consideration, or illegality of consideration, must be specially How pleaded in action on bill or note, 286 note. CONTRACT, Void or voidable, 14, 24 Executed or executory, 50 Separate or entire, 53 Relating to interest in land or chattels, 54, 55 COUGH. Whether a cough is an unsoundness in a horse, 357 COUNTERMAND. Authority of agent within Statute of Frauds, countermandable, 74 Countermand by bankrupt-trader åfter specific appropriation, 127 note CREDIT, Valid only in the event of the insolvency of the consignce, 313, 314 To whom given, 19, 30, 246, 247, 260, 379 To wife alone, 31 Where the sale is on credit, vendor cannot sue for the price until the time Though the defendant be guilty of fraud, ib. GG CREDIT-(continued.) But goods sold will lie after the time has expired, 251, 252 CRIB-BITING. Whether crib-biting is an unsoundness in a horse, 358 Whether it is a "vice," ib. note CROPS. When contract for sale of crops is within the 17th section of the Statute of When the contract relates to an interest in land, 55 When they may be recovered in assumpsit for goods sold, 253 DAMAGES, In action for not accepting, 239 D. The difference between the contract price and the market price, 240 Special damage, 240, 241 Interest, 241 In action for goods bargained and sold, 241, 243 In action for goods sold and delivered, 264 When a question for the jury, 265 Original contract must be resorted to, ib. Evidence of bad quality in reduction of damages, ib. Where no stipulated price, 266, 267 Where stipulated price, with warranty, 267 As long as purchaser would be entitled to damages in cross action, 270 Sale by sample, 268 Goods supplied on order, ib. Representation of quality, 268, 269 Objection must be made in reasonable time, 269, 270 As to quantity, 271, 272 Where bill or note given, 272 Where stipulated price without warranty, 273 Evidence of payment where no special plea, 273, 290. (See Payment.) Interest, 281. (See Interest.) In action for not delivering, 308 Difference between contract price and market price, 308, 309 Not replacing stock, 309 In action for breach of warranty, 360 Consequential damages, ib. Where a second purchaser has recovered damages against plaintiff, 361 DAMAGES-(continued.) Where the chattel has been returned, 361 Where it has been resold at a loss, 362 Waiver, 362–364. (See Breach.) In action against carrier, 427 DEBT. When debt lies for goods sold, 180 Counts in debt and assumpsit cannot be joined, ih. Formal words in debt, 180 note Effect of general issue in debt, 285 note Nil debet cannot be pleaded, ib. DECEIT. (See Fraud-Warranty.) When action on the case maintainable against the seller, 320 False affirmation of title, 321 Selling counterfeit goods, 321, 322 Although a written memorandum may not mention the false repre- Action does not lie for assertion concerning value of chattel, 324, 325 Or of the intention of another party, 324 Or if purchaser had knowledge, ib. Or if he might have obtained knowledge, ib. Scienter on the part of the seller must be proved, 325, 326 Distinction between moral fraud and fraud in law, 326, 327 When deceit maintainable against agent, 408, 409, 430 DEL CREDERE. Nature of del credere commission, 397 note It does not affect the relative situation of seller and purchaser, ib. Del credere agent liable at all events, 397 His liability is that of a surety, 398 DELIVERY. Delivery and acceptance within Statute of Frauds, 57-64. (See Frauds, Delivery of goods to bankrupt, 111, 112. (See Bankrupt.) Delivery of goods out of the possession, order and disposition of bankrupt, Delivery of goods divests lien, 186 When part-delivery divests lien, 185. (See Lien.) Delivery of goods determining the transit, 199 Actual, ib. Constructive, 202 |