345 INDEX. ACCEPTANCE, and actual receipt, 22-41. (See Frands, Statute of). and retention of a broker's note is evidence of the broker's authority, of specific goods converts an executory agreement to sell into an Of a Delivery Order, by warehouseman generally operates as a delivery, 233–240. need not be in writing if the assent of the bailee appear, 234-240. ACCEPTANCE, AGENT, negotiation of purchasers does not prevent vendor from stopping (See Auctioneer, Broker, Bailee, Stoppage in Transitu.) it has been decided that the one contracting party cannot be an becomes a party to a written contract made in his own name, yet his distinction between becoming a party to a contract and making the authorized to make a contract, and merely authorized to sign a to forward goods and to hold them, which he is depends on agree- to forward may become an agent to hold by a fresh agreement, mere authorized to take possession of goods can maintain no action and if he is assign of a bill of lading it makes no difference, 289–295. what is within the Statute of Frauds, 6-21. (See Frauds, Statute of). 224-230. between holder of goods and purchaser may terminate the transitus, between consignor and consignee may prevent goods in the hands of AGREEMENT—continued. between consignor and carrier, effect of on vesting of property, to sell goods may amount to a bargain and sale, or remain executory, remains executory whilst conditions precedent are unfulfilled, express conditions in an agreement to sell, 168. implied conditions, rules for ascertaining what are, 152. history of the rules and examples of them, 152-161. an executory agreement may be a bargain and sale by estoppel, AUCTION, sales by, are within the Statute of Frauds, 6. is an agent authorized to sign a memorandum so as to bind both is not authorized by the purchaser to sign any contract, except that APPROPRIATION, of specific goods requisite to make a bargain and sale, 123–126. or by determination of a right of election, 128. (See Election). may be undone by stoppage in transitu, 339. AUTHORITY, to holder of goods to deliver possession to purchaser, ASSIGN, implied, verbal, and in writing seem the same in legal effect, 231. is transferable and irrevocable except on insolvency of pur- is executed when unconditional by the mere assent of the when conditional, quære, unless the conditions are fulfilled, 237-240. effect of wrongful refusal to execute, 236. countermand of before execution, analogous to right to stop (See Bill of Lading, Subpurchaser.) B. BAILEE OF GOODS, his privity of contract with the owner of goods is not transferred by when he assents to hold the goods for the purchaser, it is an exe- at least if the purchaser had a right to the possession, 237–240. effect of his wrongful refusal to assent to a transfer, 236. BARGAIN AND SALE, an agreement may amount to, 121. an agreement for the sale of specific goods is presumed to be, but (See Property). but not an absolute indefeasible property, 197. unless accompanied by an indorsement of a bill of lading, 288. (See BILL OF LADING, what it is, 275. the assign of has, as such, authority to receive the goods, 275. but he can maintain no action on the contract to deliver them, nor does he as assign, take any right of property or possession in but if the assignment be boná fide, in furtherance of a bargain con- what is considered a bona fide assignment, 296. BROKER, is an agent authorized to sign a contract for both buyer and seller, London, is subject to the regulations of the corporation, 84, 88. Book, London broker is bound to keep a, 85. whether by law merchant brokers were bound to keep a, 112 n. Bought and sold Notes of, what they are and their forms, 89. sometimes on face of, the contract purports to be with the it seems to require proof of special authority to bind the principal broker making himself a party on the face of, not the same where the notes differ materially they do not furnish evidence of a contract, 102. whether one note sufficient to bind the contract, 91, 115. whether a broker in general can finally make the contract before the C. CARRIER, a delivery to does not make a contract good within the Statute of a delivery to generally appropriates goods to an executory agreement, 132-138. but not always so, 138-146. CARRIER-continued. the appropriation may be undone by stoppage in transitu, 339. goods in the hands of may be stopped, though the carrier has a effect of a tortious taking from the carrier by the consignee, 259. a contract amounted to a perfect sale in the civil law under nearly a perfect sale transferred the risk, but not the property, before a delivery under left the unpaid vendor a right of revendication, 202. goods on board are generally in transitu, 243. Precedent to the vesting of the Property, whilst unfulfilled prevent an agreement from being a bargain things to be done by the vendor to put the goods in a deliver- completion of a chattel made to order generally is, when not, persons may be estopped from denying the fulfilment of, 161. what are not, 166. delivery is not, 187. 197. payment is not in general, 147, 313. when fulfilled the effect on the property is as if the agreement Precedent to the vesting of the right of Possession. payment generally is, 198, 316. effect of, 136, 269. in authority to deliver when binding on purchaser, 145, 237— 240. precedent, what are, 315. COUNTERMAND, a delivery order given to the purchaser by the vendor, is transfer- DELIVERY, D. what is a constructive delivery, 29-41, 224-240, 248. to purchaser, or his agents, or assigns, terminates vendor's rights To a Carrier. is in general, for most purposes, a delivery to the consignee, 132, 211. does not make a contract good within the Statute of Frauds, 27. DELIVERY ORDER, effect of on vendor's rights, 297-307. conditions in, when binding on purchaser, 145, 237–240. (See ELECTION, what is a right of, 128. E. determination of, appropriates goods, 129. delivery to a carrier generally is a determination of, but not always, ESTOPPEL, prevents a party from averring the truth. Reasons of, 162. FRAUDS, STATUTE OF, sales by auction are within, 6. Fourth Section of. F. emblements and fixtures are not land within the meaning of,— Seventeenth Section of. emblements, &c., whilst unsevered, are not goods, wares, and what agreements are within, 6. not for sale of intangible property, as railway shares, 6. executory agreements are by Lord Tenterden's act, whether agreements to sever portions of the soil, and then sell them are, 10-20. agreements to sell in an unsevered state are not, ib. Acceptance and actual receipt within the meaning of, what is, 23-41. acceptance requires an intention on the part of the purchaser, 23-27. a receipt by purchaser, is not necessarily an, 23, 27. a receipt by a carrier, is not an, 27. actual receipt, is a taking of possession, 23. constructive possession sufficient, if clearly proved, 28. there must be an abandonment of the vendor's possession and Signed note, 43-119. what is in form. (See Memorandum.) who are authorized to sign. (See Agent, Auctioneer, Broker.) may be of agent's name, 71. may be in print, and in any part of the memorandum, provided does not alter the laws of evidence, 45, 49. |