INDEX.

A

ACTIO REDHIBITORIA, 285.

quanti minoris, ibid. Vide Warrandice against faults.

AGENT, when employed to sell goods cannot be himself the purcha-

ser, and vice versa, 184.

if acquires debts due by his constituent, must communicate eases,
189.

common agent, in ranking and sale cannot buy lands for his own
behoof, 191.

ALIENATION, distinction between it and sale, 3.

ALIEN, how far capable of buying and selling, 173.

distinction between heritage and moveables in regard to this-
alien cannot hold landed estate in this country, 173.
distinction between alien friend and alien enemy, 174.
alien friend, may buy and sell moveables, 174.
limitation of this right in case of ships, ibid.

alien enemies, illegal to trade with them, without king's li-
cence, 178.

APPROVAL by vendee, sale under this condition, 36.
APPROVED BILL, meaning of that phrase, 41. note.
ARBITER, reference of price to, 33, 148. Vide Price.
ARRIVAL, sale on, 38.

AUCTION, sale by, 578.

implied engagement on part of seller that subject shall go to
highest bidder, 579.

this holds although subject exposed at the pleasure of
the company,' 581.

in sale of property by trustee for creditors of a bankrupt,
the bankrupt not entitled to bid, nor to employ ano-
ther for him, 582.

is illegal to employ puffers, white bonnets, &c. 584.
offerers in like manner bound to observe fairness, 585.
example of illegal combination among them to keep down
the price, 585.

AUCTION (continued.)

is unlawful in one intending to bid, to give money to
others to induce them to refrain, 587.

a bidder may retract his offer at any time before hammer is
down, 587.

duty of judge of roup when subject exposed during running of
sand glass, 588.

clause in articles of roup binding highest bidder to grant bond
for price with caution, and on his failure that purchase shall
devolve on next offerer, 589.

on failure of highest offerer, is the next entitled (in a ques-
tion with the highest offerer) to demand the subject? 590.
distinction in this case according as exposer has or has

not intimated the failure to the second highest bid-
der, and called on him to fulfil his bargain, 590.
on second highest being preferred, highest offerer lia-
ble to exposers for difference between highest and
immediately preceding offer, 593.

in question between exposers and second offerer, are the
former entitled, if they choose, to hold sale as null
and expose subject of new? 393.

other cases on construction of clauses in articles of
roup, 594.

B

BANKRUPTCY, of vendee by law of England, not of itself a coun、
termand of delivery of goods previously sold to him, 498.

this doubtful in Scotland, 536.

contemplation of, 546. Vide Insolvency.

BILL OF EXCHANGE. Vide Credit, Price, Payment.

BILL OF LADING, transference of goods by assignment of bars
right of stoppage in transitu, 483. Vide Stoppage in transitu.

C

CARRIER has special property, by law of England, in 'goods intrust-
ed to him, 5.

Effect of delivery to carrier on account of vendee, 367, 467, 493,

542.

when goods ordered by vendee to be sent by a particular
carrier, vendor bound to do so, 367. Vide Periculum.
when no particular carrier named, delivery to any carrier
with the usual precautions for interest of vendee same as
delivery to himself, 369. Vide Periculum.

when goods remain in hands of carrier, are liable to be stop-
ped as in transitu, 467. Vide Insolvency, Stoppage in tran
situ.
carrier entitled to retain goods in this case against vendor
in security of the expence of carriage of these particular
goods, but not in security of general balance due by ven-
dee to him, 493.

delivery of goods to carrier for vendee vests property inde-
feasibly in him if price is paid, 542. Vide Insolvency,
Stoppage in transitu.

CONDITIONS in sale, 32.

conditions suspensive, 32-42.

rights of parties pendente conditione, 43. Vide Periculum.
conditions resolutive, 427. Vide Redemption, Pactum legis com-
missoriæ, Trial.

CONSENT of parties completes sale by law of Scotland, 2.

to what particulars it must apply, 152. Vide Error, Price.
CREDIT, sale upon in law of England, 345.

where agreement to give credit is subsequent to sale, 346.
where forms part of contract, 347.

effect of agreement to pay at expiry of term of credit, by a bill at
a certain date, 347.

CURATOR of minor cannot buy property of his ward, 194. Vide
Agent, Factor, Tutor.

D

DELIVERY, necessary by law of Scotland, to transfer property to
vendee, 3.

made unconditionally, by English law vests absolute property in
vendee, though price not paid nor credit given, 10, 11, 344,
393.

Obligation of by vendor, 199.

includes obligation to purge incumbrances, 200.

effect of inhibition on lands of a bankrupt sold under bank-
rupt act, 208.

this obligation does not extend to the purging lands of an
infeftment in real warrandice, 208.

time and place of delivery, 209.

effect of vendor being deprived of possession of thing sold be-
fore delivery, 210.

price must be offered before vendor bound to make delivery, ibid.
effect of vendee's becoming insolvent before delivery, 211. Vide
Insolvency, Lien, Stoppage in transitu.

can vendor be compelled to specific performance of obligation
of delivery, or may he refuse to deliver, on offering damages?

211.

nature and extent of vendee's claim of damages for non-deli-
very, 213.

in what cases it includes remote and indirect loss, 217.

cases as to time and place to be regarded in fixing damages,

220.

effect of delay of delivery, 226.

of part of goods sold by an entire contract does not entitle ven-
dor to sue for price, 344. Vide Price.

unconditional when made by vendor, lets in a set-off by ven-
dee, 344.

different kinds of, 390.

traditio vera, and traditio ficta in Roman law, 391.

delivery actual and constructive in our law, 392-446. Vide
Insolvency, Stoppage in transitu, Lien.

effect of, 393.

in Roman law, 393

in law of England, 393

In law of Scotland, 394

DELIVERY (continued.)

-of part of goods sold by an entire contract, in England bars
right of stoppage in transitu as to the whole, 482.

but not so in Scotland, 535. Vide Insolvency, Stoppage in

transitu.

DELIVERY NOTE, effect of intimation of, to custodier of goods
sold, 459. Vide Insolvency, Lien, Stoppage in transitu.

DISSOLUTION OF SALE, 395.

by consent of parties, 395, 402, and 543. Vide Insolvency.
by fraud, 395, 404. Vide Fraud.

by force and fear, 395, 404. Vide Force and Fear.

by the accomplishment of a resolutive condition, 401, 427. Vide
Condition Resolutive.

DOCK WARRANT, assignment of, 460. Vide Lien, Insolvency.

E

EARNEST, effect of payment of, in England, 11.

perfects the contract, but vendor has still a lien on goods till
delivery, unless credit agreed to be given, 12, 13, 211, 436.
Vide Delivery, Lien, Insolvency.

ENEMY. Vide Alien.

ERROR, effect of, in sale, 153.

in corpore, 153.

in something accessory to thing sold, 154.

in substantia, vel materia, 154.

in accidental qualities merely, 155.

as to person dealt with, 155.

RCA

distinction in this case, according as the consideration of the
person dealt with is or is not material, 155-158.

as to price, 159. Vide Price.

as to the nature of the contract, 160.

as to the quantity or quality of the thing sold. Vide Quantity,
Quality.

EVICTION. Vide Warrandice.

EXECUTION of contract of sale, 388. Vide Payment, Delivery.
EXECUTOR transacting debts due by deceased must communicate
eases to those interested in the succession, 191.

F

FACTOR acquiring debts due by his constituent must communicate
eases, 191.

appointed by Court of Session, in sequestration of a landed es
tate cannot buy debts affecting it, 192.

FORCE and FEAR, reduction on head of, 395.

nature of this objection, 396-404.

FRAUD, reduction of sale on head of, 395.

does not render the sale void but only voidable, 396.

by what kind and degree of fraud a sale is vitiated, 405.

dolus bonus, and dolus malus, 405.

dolus dans causam contractui, and dolus incidens, 406.

effect of fraud in a question with the author of the fraud him-
self, 407.

FRAUD (continued.)

cases of fraud by the vendor, 407.

by the vendee, 409.

effect of fraud in question with creditors of fraudulent vendee,

413.

in question with bona fide purchaser from him,
416.

distinction between this case, and question between real owner,
and bona fide purchaser from one who has stolen goods, or to
whom they had been lent or pledged, and by him been frau-
dulently sold, 417.

FRAUDS, statute of in England, 3.

FRAUDULENT, conveyances to injury of creditors, under 13th of
Elizabeth, c. 5. 17-19.

FREEHOLD QUALIFICATION, stipulation that lands sold entitle
proprietor to one, 328. Vide Quality of thing sold.

H

HEIR, entered cum beneficio buying debts of deceased, must communi-
cate eases, 191.

HORSES, warranty of soundness on sale of, 286-290. Vide Warran-
dice against Faults.

IDIOTS cannot buy or sell, 161.

ILLEGAL SALES, 112.

I

1. Sales prohibited from some quality in subject, rendering it unfit
or improper for sale, 112.

res publicæ, 113.

sacræ, 113.

sales contrary to public policy or morality, from quality of
the subject, 113.

rules of English law as to such sales, 113.

sale of sailor's prize money, 114.

soldier's pay or half pay, 114.
offices of trust, 115.

cases of sales contrary to morality, 122.

rules of Scotch law as to such sales, 123.
sale of offices of trust, 124.

where granted during pleasure, 125.
where heritable, 126.

where during life, 126.

sale of offices connected with administration of justice,
126.

sale of salaries of public offices, 129.

cases of sales contrary to morality, 130.

2. Sale of goods prohibited to be imported, or of which importation
is allowed only on payment of certain duties, 130.
goods put altogether extra commercium, 131.

of which importation subject to duties, 131.
where sold abroad in order to be smuggled