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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
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
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
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
221-240
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
Of the extent of the vendor's rights whilst in possession. 308-344