Commodum rei, like the risk, passes on completion of sale,

Concourse of actions,

Condictio causa data, causa non secuta,

incerti,

178

145, 154
67, 97
126

10, 34, 151
182

62, 172, 182

34

194, 228

73, 131

116, 145

176

154, 178

144

188

226

116, 174, 177 sq.

154

5

154

. 39, 148

indebiti,

sine causa,

Condition, suspensive (precedent) or resolutive (subsequent),

payment and delivery concurrent conditions,

left to discretion of the seller, effect of,

no action for non-fulfilment of,

not fulfilled through fault of the debtor,
in restraint of subsequent alienation,
conditional purchase,

21 sq, 88 sq., 98, 126, 134

reference of price to arbitrator amounts to,.
involved in emptio ad gustum,

Consent, nature of,

Construction. See Interpretation.

Contract of Sale. See Sale.

Correspondence, contract by,
Credit, sale on,

Crop, sale of future,

Crop, standing and future, risk of,

ripe, passes to buyer,

growing reserved, .

Culpa, seller responsible for,

Custodia, seller liable for, pending delivery,

seller not liable if property taken forcibly,
includes duty to exact cautio damni infecti,
seller orders slave to do dangerous work,

PAGE

131

173

. 86, 132

24, 176, 206, 230

73

202

206

230

74, 103, 121

175, 206

5, 42 sq.

18

73

125

140, 160 sq., 190, 196

174, 204
91

55, 152, 162, 200

15

43

statements made in reckless ignorance of the facts are,

in form of active concealment,

misstatement as to extent or quality of land is, .

mere puffing, and statements as to patent defects are not,
sale of res aliena with knowledge is,

of freeman letting himself be sold as slave,

practised to induce credit,

remedy by action on contract for rescission and damages, 158, 168, 182

or for damages only at party's
option, or where fraud relates to a subsidiary matter,

80, 96,

sale and contract for work and labour distinguished, .

46

12

proof of sale,

implied warranty of title, and covenant for quiet

sale by one not owner;

sale of stolen goods in market overt,

sale of future crop, and of a mere chance,

buying one's own property,

goods destroyed wholly or partially before contract
completed,

stoppage in transitu does not rescind sale,

seller cannot rescind for default in payment,

property and risk pass by same rules, .

transfer of property in corpus manufactum in course of
construction,

executory contracts of sale,

seller bailee for buyer pending delivery,

46 sq.

57

75

53

56

64

54

26

ENGLISH LAW: warranty in general,

Erro,

of freedom from charges,
delivery and payment by instalments,
duty of buyer to carry away the goods,
sale and return, and sale on approval,.
condition not fulfilled by fault of party,
mistake,

recovery of money paid in mistake,
ignorance of fact and law,

221

131, 173

158

rules as to demand for payment and tender like those
of civil law,

readiness to pay or deliver, proof required of,

whether proof of servitude road over property amounts to,
no warranty against, in sale of pledge,

114, 122

15, 123
152, 164 sq.

160

114

160

buyer need not cite his author, where claim indisputable,

value at time of, is general measure of damages,

Exceptio doli,

219, 222