BY COLIN BLACKBURN,

OF THE INNER TEMPLE, ESQ., BARRISTER AT LAW

LONDON:

WILLIAM BENNING AND CO., LAW BOOKSELLERS,

(LATE SAUNDERS AND BENNING,)

43, FLEET STREET.

THE

LONDON: 1

PRINTED BY RAYNER AND HODGES,

109, Fetter Lane, Fleet Street.

Of the First Exception.-What constitutes an Acceptance

and an Actual Receipt

CHAP. III.

Of the Second Exception

CHAP. IV.

Of the Third Exception.-What is a sufficient Memoran-

dum.-What is a sufficient Signature.-Who is an

Agent authorized to sign

CHAP. V.

6-21

22-41

42

43-80

Of Brokers, their Books and Notes and their authority to

sign a Memorandum of a Bargain

81-119

PART II.

WHAT AGREEMENTS AMOUNT TO A BARGAIN AND SALE,

AND WHAT ARE BUT EXECUTORY

PAGE

120-200

CHAP. I.

General Rules to ascertain whether an Agreement amounts

to a Bargain and Sale or not. The individual goods

must be agreed upon, but the appropriation may be

subsequent to the making of the original contract,

and may be by determination of an election

120-146

CHAP. II.

1. The property does not pass unless there be an intention

to pass it. 2. Rules for ascertaining this intention.

3. There may be property by Estoppel. 4. Effect

of express Conditions

147-169

CHAP. III.

The effect of a Bargain and Sale is to transfer the property

in goods without any delivery. In this respect

English Law differs from the Civil Law

..

170-200

PART III.

OF THE VENDOR'S RIGHTS .

201-344

CHAP. I.

Stoppage in transitu. Its origin. It is a right peculiar

to one who stands in the situation of vendor, and

who is wholly or partially unpaid

201-220

CHAP. II.

The right must be exercised whilst the goods are in tran-

situ, that is, after they left the actual or constructive

possession of the vendor, and before they have come

to the actual or constructive possession of the pur-

chaser, or those who stand in his place. Actual and

constructive possession explained

PAGE

221-240

CHAP. III.

What the transitus is, and when it terminates. The right

of Stoppage in Transitu cannot be exercised unless

when the purchaser is insolvent or has become bank-

rupt, and must be exercised as of right paramount to

that of the purchaser, and independently of his

The unpaid vendor's right to stop in transitu' may be

defeated before the termination of the transitus, by

the assignment of the bill of lading to one, who boná

fide gives value for a property in the goods shipped

under it; and this is the only way in which the

vendor's right can be defeated by the purchaser before

he or his representatives take possession of the

goods

270-307

CHAP. V.

Of the extent of the vendor's rights whilst in possession. 308-344