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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,
90, 95.

of specific goods converts an executory agreement to sell into an
actual sale, 126–131. (See Appropriation).

Of a Delivery Order,

by warehouseman generally operates as a delivery, 233–240.
estops the warehouseman from denying that it does, 161–166.
(See Estoppel).

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
in transitu, 216–220.

(See Auctioneer, Broker, Bailee, Stoppage in Transitu.)

it has been decided that the one contracting party cannot be an
agent to sign a memorandum of a contract for the other, even if
expressly authorized, sed quære, 76, 77.

becomes a party to a written contract made in his own name, yet his
principal is a party too, 57-59.

distinction between becoming a party to a contract and making the
contract as principal, 92, 94.

authorized to make a contract, and merely authorized to sign a
memorandum of one made, distinction between, 78.

to forward goods and to hold them, which he is depends on agree-
ment, 246-247.

to forward may become an agent to hold by a fresh agreement,
giving samples part delivery, &c., are no more than evidence of
such a fresh agreement, 248-254.

mere authorized to take possession of goods can maintain no action
in his own name for any wrong done to the goods, 274.

and if he is assign of a bill of lading it makes no difference, 289–295.
AGREEMENT,

what is within the Statute of Frauds, 6-21. (See Frauds, Statute of).
between vendor and purchaser may be equivalent to an actual
delivery, though the goods remain in the vendor's custody,

224-230.

between holder of goods and purchaser may terminate the transitus,
248. (See Bailee).

between consignor and consignee may prevent goods in the hands of
carrier from ever being in transitu, 264.

AGREEMENT—continued.

between consignor and carrier, effect of on vesting of property,
138-146.

to sell goods may amount to a bargain and sale, or remain executory,
120. (See Appropriation, Conditions, Property).

remains executory whilst conditions precedent are unfulfilled,
152-168.

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,
161-166. (See Estoppel).

AUCTION,

sales by, are within the Statute of Frauds, 6.
AUCTIONEER,

is an agent authorized to sign a memorandum so as to bind both
parties; so also in some cases is his clerk, 78.

is not authorized by the purchaser to sign any contract, except that
contained in the conditions of sale, subject to which the sale was
made, 78-80.

APPROPRIATION,

of specific goods requisite to make a bargain and sale, 123–126.
by assent of both parties, after making an executory agreement to
sell, may convert it into a bargain and sale, 126–131.

or by determination of a right of election, 128. (See Election).
is generally made by a delivery to a carrier, sometimes not, 132-
138.

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-
chaser, 231-233.

is executed when unconditional by the mere assent of the
bailee, 233-236.

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
in transitu, 230.

(See Bill of Lading, Subpurchaser.)

B.

BAILEE OF GOODS,

his privity of contract with the owner of goods is not transferred by
a sale of them, 222.

when he assents to hold the goods for the purchaser, it is an exe-
cuted delivery for all purposes, 28, 230.

at least if the purchaser had a right to the possession, 237–240.
may make himself liable to both parties, if the purchaser has no
right to the possession, 166.

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
may be a ready money exchange, 147-150. (See Conditions).
transfers the property without any delivery, 187.

(See Property).

but not an absolute indefeasible property, 197.
a second bargain and sale by a purchaser not in possession, trans-
fers no more property than he had himself, 271.

unless accompanied by an indorsement of a bill of lading, 288. (See
Bill of Lading).

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,
276-279.

nor does he as assign, take any right of property or possession in
the goods, 279-294.

but if the assignment be boná fide, in furtherance of a bargain con-
ferring an interest in the goods, it renders that interest indefeasi-
ble, and at law terminates the transitus, 295.

what is considered a bona fide assignment, 296.

BROKER,

is an agent authorized to sign a contract for both buyer and seller,
81-83.

London, is subject to the regulations of the corporation, 84, 88.
London broker's bond, 84.

Book,

London broker is bound to keep a, 85.

whether by law merchant brokers were bound to keep a, 112 n.
entry in made by broker seems not to be a memorandum of
the contract between the parties, but this is disputed, 87-88,
106-112.

Bought and sold Notes of,

what they are and their forms, 89.

sometimes on face of, the contract purports to be with the
broker, 92-94.

it seems to require proof of special authority to bind the principal
by a note in this form, 94.

broker making himself a party on the face of, not the same
thing as selling as principal, 92-94.

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
principal has confirmed it by retaining a contract note, 115-119.

C.

CARRIER,

a delivery to does not make a contract good within the Statute of
Frauds, 27.

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.
a delivery to a carrier is generally for most purposes a delivery to the
consignee, but not always so, 138-146, 211.

goods in the hands of may be stopped, though the carrier has a
general lien against the consignee, 262.

effect of a tortious taking from the carrier by the consignee, 259.
CIVIL LAW,

a contract amounted to a perfect sale in the civil law under nearly
the same circumstances as in English law it amounts to a bargain
and sale, 177-182.

a perfect sale transferred the risk, but not the property, before
delivery, 171-177, 182-187

a delivery under left the unpaid vendor a right of revendication, 202.
CHARTERED VESSEL,

goods on board are generally in transitu, 243.
CONDITIONS,

Precedent to the vesting of the Property,

whilst unfulfilled prevent an agreement from being a bargain
and sale, 121, 151.

things to be done by the vendor to put the goods in a deliver-
able state, and to ascertain the price are presumed to be;
examples, 152—161.

completion of a chattel made to order generally is, when not,
159-161.

persons may be estopped from denying the fulfilment of, 161.
(See Estoppel).

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
were then made for the first time absolute in the first instance,
167.

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-
able and irrevocable except on the purchaser's failure, 231.
before execution, a delivery order may be countermanded on insol-
vency of the purchaser, 231-240.

DELIVERY,

D.

what is a constructive delivery, 29-41, 224-240, 248.

to purchaser, or his agents, or assigns, terminates vendor's rights
absolutely, 40, 202.

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
Authority).

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,
129-146.

ESTOPPEL,

prevents a party from averring the truth. Reasons of, 162.
may make a bailee answerable to two parties, 166.

FRAUDS, STATUTE OF,

sales by auction are within, 6.

Fourth Section of.

F.

emblements and fixtures are not land within the meaning of,—
timber, minerals, &c., whilst unsevered, are, 17—21.

Seventeenth Section of.

emblements, &c., whilst unsevered, are not goods, wares, and
merchandize within the meaning of, 9-21.

what agreements are within, 6.

not for sale of intangible property, as railway shares, 6.

executory agreements are by Lord Tenterden's act, whether
before, quære, 7—9.

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.
cases on the subject examined, 29–41.

there must be an abandonment of the vendor's possession and
rights over part of the goods, or there cannot be an, 41.
earnest, 42.

Signed note, 43-119.

what is in form. (See Memorandum.)

who are authorized to sign. (See Agent, Auctioneer, Broker.)
signature on behalf of one party alone sufficient to charge him,
but not the other party; effect of this as to third persons, 69,
70.

may be of agent's name, 71.

may be in print, and in any part of the memorandum, provided
there are indications of the name being appropriated to the
recognition of the memorandum, 75.

does not alter the laws of evidence, 45, 49.

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