Chapter I

Page 11.

1. Define a sale.

2. State the necessary elements of a sale.

Page 12.

1. How is a sale to be distinguished from a bailment?

2. What is the distinction made in the case of Mallory vs. Willis?

Page 13.

1. Where there is a delivery of goods on trial, is this to be considered a bailment or a sale?

2. In any case, how far does the intention of the parties control, in determining what the contract agreement amounts to?

Page 14.

1. How is a sale to be distinguished from a mortgage?

2. When the facts are not clear, as to whether or not an actual sale was intended, how will a decision be reached as to whether the contract is a sale or mortgage?

Page 15.

1. Give a definition of a chattel mortgage?

2. How is a sale distinguished from a consignment to sell?

Page 16.

1. How is a sale to be distinguished from a gift?

Page 17.

1. How is a sale to be distinguished from a barter, or exchange?

Chapter II

Page 19.

1. Are the principles of sale of recent or ancient development?

Page 20.

1. Give the requisites of a valid contract of sale.

Page 21.

1. What parties in a contract of sale would be more or less incapacitated to contract?

Page 22.

1. Would an insane person's contract of sale ever be allowed to stand?

2. What may the consideration consist of in a contract of sale? How may the price to be paid be shown?

Page 23.

1. What is a bill of sale? What form ought it to begin?

Page 24.

1. Ought the bill of sale to be delivered?

2. What things may cause a sale to be illegal?

Page 25.

1. What exceptions exist to the rule of law, that a court of law will not come to the assistance of either of the parties to an illegal contract?

Chapter III

Page 27. 1. What property can be made the object of a sale?

Page 28.

1. What kind of property is included in the term, "goods, wares, and merchandise?"

Page 29.

1. Can property to be after acquired be made the subject of a present sale?

2. When, if ever, can it be only the subject of an agreement to sell?

Page 30.

1. Can the vendor of either a void or voidable title convey the title to the property?

Chapter IV

Page 31.

1. Give definition of a warranty.

2. Distinguish a warranty from a representation.

3. Distinguish a warranty from a condition.

Page 33.

1. When is the time of the making of the warranty of importance?

2. To what time and place is the warranty to be held to apply?

Page 34.

1. What are the usual implied warranties that accompany every contract of sale?

Page 35.

1. What is the measure of damages to the purchaser in case of breach of implied warranty in a contract of sale?

Page 36.

1. What warranty does a sale by description carry with it?

2. What language is sufficient to constitute a sale

"by description"?

Page 37.

1. What is necessary to constitute a sale of goods, "by sample"? What is the accompanying warranty?

Chapter V

Page 39.

1. Why is it of importance to distinguish between an executed and executory contract of sale, in the matter of the transfer of title?

Page 40.

1. How far does the intention of the parties control in determining whether a contract is one of sale or a contract to sell?

Page 41.

1. What are Judge Cooley's ideas on the question of determining whether the contract is to be considered a sale, or a contract to sell?

Page 42.

1. What rules of construction have been adopted by the courts, where the parties fail to clearly express their intention?

Page 43.

1. Will the fact that the goods are retained by the buyer for security raise a presumption for or against a sale?

Page 44.

1. Where there is a sale of goods not specific, when does the title pass?

Page 45.

1. Where goods are in process of manufacture, and the goods are sold, when may the title pass?

Page 46.

1. What is meant by the reservation of the jus desponendi?

2. How may the right be shown to have been reserved?

Page 47.

1. At what place is the title supposed to pass?

Chapter VI

Page 49.

1. How far are payment and delivery concurrent conditions to fulfillment of a sale?

Page 50.

1. What is sufficient to constitute delivery?

2. What is ordinarily the place for making delivery?

Page 51.

1. Where the goods are to come to the purchaser by a carrier, how is delivery made? and on whom is the risk for the safety of the goods during transit?

Page 52.

1. What is the proper time to make delivery?

2. What is meant by the term, "time is of the essence of the contract"?

Page 53.

1. How only can the seller satisfy the contract as to quantity or quality of the goods sold?

2. Is there any way that delivery may be shown other than in the ways already mentioned?

Page 54.

1. What things will excuse the seller for his failure to deliver the goods?

Page 55.

1. What things are necessary to constitute acceptance ?

2. When will acceptance be implied?

3. What things will excuse the purchaser for his failure to accept?

Page 56.

1. What rights may remain to either of the parties to the sale contract, after the contract of sale itself is completed?

Chapter VII

Page 57.

1. When does the right to sue the purchaser arise to the unpaid seller?

2. What is the extent of this right?

3. What is the extent of the right of action for damages against the purchaser for breach of the contract of sale?

Page 58. 1. What is the force and effect of the vendor's lien?

Page 59.

1. How may the lien of the vendor's be waived or lost?

2. What is the right of stoppage in transitu?

Page 60.

1. When and how may the right of stoppage in transitu be exercised?

Page 61.

1. What is the extent of the vendor's right of making a resale of the goods?

Chapter VIII

Page 63.

1. What is the measure of damages to the purchaser, where the seller fails to deliver, and suit is brought for the breach of contract?

Page 64.

1. What sum can be recovered by the purchaser where there is a breach of warranty?

Page 65.

1. State the rule as to when a bill for specific performance will lie, on the failure of seller to complete the contract of sale.

Chapter IX

Page 67.

1. In what way may the contract of sale be rescinded or modified?

2. When may the seller rescind, of right?

Page 69.

1. When may the buyer rescind, of right?

Chapter X

Page 71.

1. What is the general rule, as to the right of the bona fide purchaser of goods to retain them as against the true owner?

2. What exceptions are there to this general rule?

Page 72.

1. Where the seller's title is a voidable one, does the purchaser in good faith get a good title?

Page 73.

1. Who are bona fide purchasers?

2. What persons under a contract of sale may claim the rights of a bona fide purchaser?

Page 74.

1. What rights does a bona fide purchaser acquire on a purchase of goods from a thief?

Page 75.

1. What rights does a bona fide purchaser acquire from a life tenant, as against the remainder man?

2. What are the rights of co-tenant as against the purchaser, who in good faith buys from the other co-tenant the entire right in the property, the selling co-tenant claiming exclusive ownership of the property?

Page 76.

1. Can a mere bailee convey any title in the goods in his possession to one who buys as a bona fide purchaser?

Page 77.

1. Can a bona fide purchaser from a leasee of property claim a right to goods as against the owner of the same?

2. Can a purchaser from the vendee, who bought at a sale, fraudulent as to creditors, acquire a title, as against the creditors?

Page 78.

1. What is necessary to constitute one a bona fide purchaser of negotiable paper?

Page 79.

1. What sort of a title does the bona fide purchaser of negotiable paper acquire?

Page 80.

1. What is meant by a sale in market overt?

2. Is the doctrine of sales in market overt applied in the American courts? 3. When is a sale in England said to be a sale in market overt? When not?

Chapter XI

Page 83.

1. Give the seventeenth section of the Statute of Frauds as given in the text.

2. Has the statute been enacted in all the states?

3. Does the statute include executory contracts of sale?

Page 84.

1. Would the statute include a contract for sale, that contained also included an ancillary agreement, not within the statute?

2. What is included in the term, "goods, wares, and merchandise"?

Page 85.

1. What is necessary to satisfy the statute on the matter of acceptance and receipt of the goods?

Page 86.

1. What would constitute an acceptance by implication?

Pages 87-88.

1. Give the principle of the English rule, the Massachusetts rule, and the New York rule, as to when a contract for the sale of goods to be manufactured, is held to be within the statute?

Page 89.

1. When is part payment necessary?

2. At what time is it necessary to make the part payment?

3. When is the written memorandum required?

4. When must the memorandum be made?

Page 90.

1. Of what may the memorandum consist?

2. What should it properly contain?

Pages 90-91.

1. Must the memorandum be signed by both parties?

2. Of what may the signature consist?

3. Can there be a signing by an agent?

Page 92.

1. When must the acutioneer sign the memorandum of sale?