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INDEX

(References are to pages.)

A.

ABANDON

intent to, as authorizing rescission, 506.

ABBREVIATIONS

in memorandum under statute of frauds, 122.

"ABOUT"

as affecting time of delivery, 465.

as affecting quantity of goods, 500, 501.

ABSCONDING

as ground for exercise of right of stoppage in transitu, 568.

ACCEPTANCE

of offer. (See OFFER AND ACCEPTANCE.)

under statute of frauds. (See STATUTE of Frauds.)

by buyer in performance of the contract

what constitutes, 528.

buyer may expressly declare, 528.

may be inferred from buyer's conduct, 528.

selling, or mortgaging goods, as evidence of, 529.

consuming or appropriating goods as evidence of, 529.

retention of goods after stipulated or reasonable time implies, 530.

what constitutes reasonable time, 532.

not presumed until buyer has had opportunity to examine goods, 520.
failure to test or give notice of rejection implies, 533.

is a question of fact for the jury, 532.

in entire contracts, must accept in toto, 534, 539.

in severable contracts, buyer may accept a part, 539.

burden of proving, is on the seller, 534.

time of acceptance, 530.

effect of, 535.

does not bar action for damages, 534, 535.

when warranty survives, 534, 536.

buyer must notify seller of breach within reasonable time, 534.

if there is not warranty, is conclusive on the buyer, 535.

procured by fraud, 539.

buyer must notify seller of his refusal to accept, 540.

may precede or follow receipt, 540.

ACCESSION

(References are to pages.)

to goods, in conditional sales, 793.

ACCRETION

ACT

title to materials worked into goods may pass by, 293.

of materials especially prepared for chattels but not attached, 293.

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effect of infant's misrepresentation or concealment of, 20.

AGENT

to sell, 700.

express authority, 701.

implied authority, 702.

includes authority to agree on usual terms, 702.

but not to sell on credit, 702.

or to buy, 702.

inferred from relationship of parties, 706.

authority of husband or wife to sell, 706.

of pledgee to sell pawned goods, 706.

of master to sell ship and cargo, 706.

of public officer to sell under legal process, 706.

authority cannot be delegated, 703.

or used for agent's own benefit, 704.

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to pay, 715.

to warrant, 201.

implied authority, 201.

warranty of title, 201.

warranty of quality, 201.

special agent has no authority, 203.

to sign note or memorandum, 128.

auctioneer is the agent of both parties to sign, 128, 130.
so is his clerk, 130.

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sale of, having "potential existence," 133.
warranty of soundness of, 186.

what constitutes unsoundness, 186.

ownership of young, in conditional sale (see INCREMENT), 793, n. 87.

ANTECEDENT DEBT

(References are to pages.)

transfer of entire stock in satisfaction of, as sale, 814.

ANTICIPATORY BREACH

in countermanded order for manufactured goods, 613.
APPARENT OWNERSHIP. (See INDICIA OF TITLE.)
possession as evidence of title, 385.

under Factor's Acts, 371.

in conditional sales, 772.

APPRAISAL

determination of price by, 154.

APPROPRIATION

definition, 310.

consists of what, 312.

who may make, 313.

title and risk of loss remain with vendor until, 311.

then pass to vendee, 311.

by delivery, 319.

symbolical or constructive delivery, 321.
delivery to carrier, 322.

carrier designated by buyer, 323.

shipment in ordinary course of business, 324.
reservation of jus disponendi, 325.

whether title passes is a question of fact, 327.

manufactured goods, 315.

title passes when goods are manufactured and appropriated, 315.
no title passes during process of manufacture, 318.

goods to be grown, 36.

title does not pass until goods are grown and appropriated, 318.

APPROVAL, TRIAL OR SATISFACTION

title does not pass until buyer approves, 304.

the buyer must approve and be satisfied, 305.

unreasonableness of dissatisfaction is immaterial, 305.

buyer need not assign the reasons for his dissatisfaction, 306.
but he must act in good faith, and give goods fair trial, 306.
title and risk of loss remain with the seller, 307.

if no time is fixed for trial, a reasonable time is allowed, 308.
buyer must give notice of his dissatisfaction, 309.

sale or consumption of goods implies approval, 310.

ARRIVE

sale of goods to arrive is conditional, 172.

ASCERTAINED GOODS. (See SPECIFIC GOODS.)

ASCERTAINMENT OF PRICE

as to amount, 148.

as condition precedent to passing of title, 294, 297.

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