Modern American Law: A Systematic and Comprehensive Commentary on the Fundamental Principles of American Law and Procedure, Accompanied by Leading Illustrative Cases and Legal Forms, with a Rev. Ed. of Blackstone's Commentaries, Volym 4

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Eugene Allen Gilmore, William Charles Wermuth
Blackstone Institute, 1917
 

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Tacking possessions
23
Summary
24
CHAPTER V
25
TITLE TO INTELLECTUAL PRODUCTS 23 Title to the product of labor 24 Literary property at common
27
What amounts to publication
28
Property in letters
29
Copyright statutes 28 Good will and trademarks
30
Patents 30 Trade secrets
31
CHAPTER VII
32
True basis of title by accession
33
Cotenancy deemed impractical
34
Innocent misappropriation 36 Change of species test 37 Test of relative values
35
Cotenancy in joint product
37
Liability of owner for compensation to improver
39
Willful trespasser can acquire no title by accession
40
Title of purchaser from willful converter
43
CHAPTER VIII
44
Tortious confusion by mistake 46 Willful confusion
45
Unequal values
46
Remedies
47
Comparison of confusion and accession 50 Confusion by fiduciaryTracing mingled funds into the product
49
Deposits and withdrawals 52 As against the trustee
50
As against general creditors
51
As between innocent contributors
54
Transfer of title by act of the parties
55
Nature of gift
56
Gift by deed
57
Delivery necessity of 59 Change of possession not required in gifts inter vivos between living persons
58
Declaration of trust 61 Constructive delivery
60
Gift of ones own or anothers obligation
61
Conditional gifts 64 Gifts causa mortis
64
Invalid gifts
66
PART II
68
The law of bailments 68 Scope of law of bailments 69 Creation of bailment
69
Acceptance of bailment
70
Adverse possession
71
Custody
73
Bailment or sale
74
Elevator cases
75
Effect of option to buy or sell 76 Consignment or sale
76
CHAPTER XI
78
Property rights of bailee as against strangers
79
Reversionary right of bailor 81 Termination of bailment
81
Termination by conversion
82
SECTION PAGE 85 Classification of bailments and measure of duty
85
CHAPTER XII
86
Duty of the bailor
87
The loan of goods
88
Letting and hiring and other bailments for mutual benefit репе
89
Deviation from the bailment
90
Effect of special contract
91
Estoppel of bailee
92
Burden of proof
93
CHAPTER XIII
102
Foundation of liability of innkeeper
103
Modern measure of liability
104
Rule of prima facie liability
106
Illustrations
108
For what goods liable
109
Contributory negligence
110
Liability of boardinghouse keeper for care of goods of boarders
111
Bibliography
114
DEFINITION AND CLASSIFICATION SECTION PAGE 1 Definition
115
Liens and mortgages distinguished
116
Creation of liens and capacity of parties 11
117
Subject matter of liens
118
Liens are accessory rights
119
Liens protect particular obligations
120
Division of subject
121
Classification
122
CHAPTER II
124
Classes of common law liens
125
Same subjectFurther illustrations
127
Agistors and livery stable keepers
128
Liens of finders
130
Same subjectOffers of rewards
131
Liens based on mercantile custom
132
Liens in legal proceedings
133
Same subjectAttachmentsJudgments
134
Lien of vendor of personal property
136
Stoppage in transitu
137
Pledges
138
Same subject What constitutes delivery
139
SECTION PAGE 25 Liens given by persons other than owner
140
Same subjectInnkeepers
141
Same subjectCarriers
142
CHAPTER III
145
Same subjectExamples
146
Maritime liensDistinguished
147
Subject matter and obligation
148
Liens of seamen and master
149
Liens for damages from torts
150
CHAPTER IV
151
Liens by assignment
152
Cestuis lien and trustees lien
153
Improvement liens of occupants
154
Other implied equitable liens
155
Miners liens
156
CHAPTER V
158
Right to use and profits
159
CHAPTER VI
163
Bibliography
169
CHAPTER I
171
Elements of contract
181
Same subjectInfants and other agents
187
SECTION PAGE 26 Other instances of agency from necessity
192
Contract of agency made by ratification
193
Meaning of ratification
194
Same subject
196
Same subjectAs between principal and strangers
202
Same subjectAs between agent and third party
203
Same subjectAuthority involving judgment and discretion
204
Same subjectMechanical and ministerial duties
205
CHAPTER III
207
Same subjectBy subsequent agreement
208
Same subject
209
Same subjectThe element of good faith
210
Same subjectPower coupled with an interest
211
Same subjectNotice to third persons
213
Termination by operation of law
214
Same subjectInsanity
215
Same subjectWar
216
Same subjectMarriage
217
THE AUTHORITY CONFERRED ITS NATURE AND EFFECT SECTION PAGE 60 Express authority
219
Implied authority
220
Distinction between authority and instructions
221
Construction of the authorityWhen in writing
222
Same subjectWhen not in writing
224
Same subjectAmbiguous authority
225
Construction of implied authority
226
Construction of particular powers
227
Agent authorized to sell personal property 28
229
Agent authorized to purchase
230
Authority to make negotiable paper
231
Same subjectObedience to instructions 87 Same subjectAmbiguous instructions
242
Same subjectEffect of custom and usage 89 Same subjectDuty to exercise care
243
SECTION
244
Suits against an undisclosed principal
250
When notice to agent is notice to principal
256
Same subjectIn tort
263
SECTION PAGE 112 Scope of the attorneys authority
269
The duties and liabilities of attorneys
273
Liability of the client to the attorney
275
The attorneys lien
276
Auctioneers
278
Privileged communications 118 Duties and liabilities of auctioneers
279
Rights of auctioneers
280
Appointment and implied powers of brokers
281
Duties and liabilities of a broker
282
The brokers rights
283
Appointment and implied powers of factors
284
Duties and liabilities of factors
285
Bibliography
286
CHAPTER II
291
Previous assent
297
CHAPTER IV
307
Effect of the presumption
308
CHAPTER V
310
Sale and return
311
Cash sales
312
CHAPTER VI
314
Compared with chattel mortgage
315
Same subject
316
Provisions for forfeiture or resale
317
Risk of loss
318
Statutory provisions for recording
319
CHAPTER VII
322
Order bill
323
A representative of title
324
Extent of negotiability
325
Legislation with reference to negotiability
326
Risk of lossBill of lading in buyers name
327
SECTION PAGE 42 Same subjectBill of lading in sellers name
328
Same subjectGoods never received by carrier
329
Warehouse receipts
330
CHAPTER VIII
331
Dependent upon possession
332
Goods in buyers possession at time of sale
333
Resale by buyer
334
Revival of lien
335
Termination of lien
336
Enforcement of lien
337
CHAPTER IX
339
How exercised
340
Goods subject to negotiable bill of lading
342
When transit begins
343
Who may exercise the right
345
Delivery by truckman or by express company
346
Goods intercepted by buyer
348
SELLERS RIGHTS AFTER STOPPAGE IN TRANSITU SECTION PAGE 70 Compared to rights under vendors lien
351
Holding the goods and suing for price
352
When right of resale arises
353
Notice of resale
354
Loss or profit on resale
355
Resale as agent for the buyer
356
Keeping property as his own
357
CHAPTER XI
359
Same subjectPayment of the price
361
CHAPTER XII
363
Contract void
364
Election to hold fraudulent buyer
365
Rights of innocent purchaser
367
Retention of possession as fraud on creditors
368
Same subject
369
Possession as evidence of title
370
Same subject
371
CHAPTER XIII
373
Goods in sellers possession
374
CHAPTER XIV
382
Inspection and warranty
388
CHAPTER XVI
395
Same subjectApplied to liens encumbrances etc
398
Same subjectKnown described and definite
404
Warranty a contractual obligation
410
Same subjectSeller not liable
416
CHAPTER XIX
422
Contract of sale
423
Same subject
424
Same subjectMassachusetts rule
425
Same subjectSales Act
426
Same subjectGrowing crops
427
Same subjectTrees minerals
428
The price
429
Effect of statute on the contract
430
Acceptance and receipt
431
Earnest money or part payment
432
The writing required
434
Time when memorandum made
435
Signature
436
The party to be charged
437
Bibliography
438
Personal Property and Bailments
439
Law of Liens and Pledges
451
Law of Agency
457
Law of Sales of Personal Property
465
Fungible goods
466
Leading Illustrative Cases Table of Contents
479
TITLE OF CASE PAGE
485
LEADING ILLUSTRATIVE CASES
489
CHAPTER III
497
185
551
RESPECTIVE PROPERTY RIGHTS AND INTERESTS
575
189
580
New York L E W R R Co v New Jersey Electric
581
169
590
24
616
Loudon Savings Fund Society v Hagerstown Savings
668
Partridge
674
CHAPTER V
680
CHAPTER VI
686
CHAPTER VII
693
Rochereau Co
702
TITLE OF CASE PAGE
735
VENDORS LIEN
744
CHAPTER XI
754
SELLERS REMEDIES
766
BUYERS RIGHT OF INSPECTION
771
CHAPTER XVI
778
Newson
785
CHAPTER XVII
792
Manly
800
CHAPTER XIX
810
Meigs
817
Index
819
419
861
Goods made to order
865
300
871
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Sida 420 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Sida 424 - ... (2) The provisions of this section apply to every such contract notwithstanding that the goods may be intended to be delivered at some future time or may not at the time of such contract be actually made, procured or provided or fit or ready for delivery or some act may be requisite for the making or completing thereof or rendering the same fit for delivery.
Sida 811 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith or some other person thereunto...
Sida 296 - Where there is a contract for the sale of unascertained or future goods by description and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer. Such assent may be expressed or implied and may be given either before or after the appropriation is made.
Sida 344 - ... for the buyer or his agent the transit is at an end and it is immaterial that a further destination for the goods may have been indicated by the buyer.
Sida 402 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller's skill or judgment...
Sida 347 - That where an order bill has been issued for goods no seller's lien or right of stoppage in transitu...
Sida 351 - Made.] (1) Where the goods are of a perishable nature, or where the seller expressly reserves the right of resale in case the buyer should make default, or where the buyer has been in default in the payment of the price an unreasonable time, an unpaid seller having a right of lien or having stopped the goods in transitu may resell the goods.
Sida 388 - ... a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract. 2. Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound, on request, to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract.
Sida 317 - Where delivery of the goods has been made to the buyer, or to a bailee for the buyer, in pursuance of the contract and the property in the goods has been retained by the seller merely to secure performance by the buyer of his obligations under the contract, the goods are at the buyer's risk from the time of such delivery.

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