be manufactured at B's factory.

B tenders kraut not made at B's factory and that is A's only objection to it. Is the objection good? (Adapted from A. G. Behman Co. v. Island City Pickle Co., 208 Fed. 1014.)

61. If goods arrive late, must defendant accept them? Can he accept and sue for damages?

62.

Where a quantity is stated and the words "more or less" or their equivalent are stated, what is their import?

63. A sold goods to B to be put on cars at New York for shipment to B in Chicago. Goods lost enroute. Has A performed his contract?

64.

Plaintiff sold defendant a refrigerating plant under an express warranty, providing for a test, and providing that an acceptance after the test would be in full discharge of all obligations under the contract, and further providing that use after the time for rejection would be an acceptance. Defendant kept the machine after such period, but now claims in defense to a suit for the purchase price that the warranty was broken. Is the defense good? W. Wolf Co. v. Monarch Refining Co., 252 Ill. 491.)

(Fred

CHAPTER 11.

65.

If goods have not been delivered to buyer and title has not passed, and buyer breaks the contract, what are the seller's remedies? 66. In such a case, state specifically whether seller can for the price. 67.

What is a seller's lien? How is it lost?

sue

68. If title was passed to buyer and goods are still in seller's possession, can seller take back the title for buyer's default? 69. In such a case can the seller sue for purchase price? 70.

If seller has delivered the goods to buyer and title has not passed, can seller reclaim the goods if purchase price not paid? What is the rule in conditional sales?

71. What is right of stoppage in transitu?

CHAPTER 12.

72. What is the measure of a buyer's damages for refusal of seller to pass title and deliver goods?

73. If title has not passed, can the buyers get the goods themselves?

74. If the seller has broken a warranty, may the buyer reject the goods? May he accept and sue on a broken warranty?

INDEX.

Acceptance,

(References are to sections.)

as waiver, 82.

A.

Appropriation of goods to contract, 59.
Approval, sales upon, 38.

Ascertained goods,

title passes when, 36.

Assignment of documents of title, 20-25.

distinguished from sale, 3.

Barter defined, 27.

Bills of lading, see also "Documents of Title,"

title reserved by, 32.

Bulk sales,

statutes governing, 73.

Bays-14

(References are to sections.)

Common carrier,
defined, 11.

duty of service, 12.
to carry safely, 13.
delay of, 14.
Conditional sale,
defined, 28.

risk of loss in, 62.
recording of, 72.

Consignment,

of bailment, 3.

does not estop owner to assert title, 65.
Consignee as bailee, 3.

Contract to sell, defined, 26.

C. O. D., 59.