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References are to sections.
Mistake which would prevent formation will justify avoidance...... 842
Mistake as to quality of thing sold......
843, 844
1. Mistake of buyer as to quality, seller being ignorant of that
mistake.....
845, 846
2. Mistake of buyer as to quality, seller knowing of that mistake 847
3. Mistake of buyer as to quality promised, seller not knowing
of that mistake.....
4. Mistake of one party as to quality promised by the other
known to the latter......
Further as to mistake of quality
Same rule in equity...
Effect of the mistake.....
... 848
... 849, 850
851, 852
853
854
CHAPTER V.
OF THE AVOIDANCE OF THE CONTRACT FOR INNOCENT MISREP-
RESENTATION.
What here meant by misrepresentation.......
How misrepresentation to be distinguished from fraud
How representation to be distinguished from a term of the contract. 858
855
856, 857
Must be present representation and not mere promise as to future.... 870
Must be representation as to facts and not mere expression of opinion 871
Must be representation of facts and not of law.....
Representation must be material.....
... 872, 873
874
875
876
Representation must have been made with knowledge of its falsity or
without belief in its truth...
Derry v. Peek
Representation must have been made to be acted upon by injured
party...
.... 877, 878
Party complaining must have been deceived by the representation 879, 880
Right to rely on representation ....
Misrepresentation must have caused proximate injury..
881-883
884, 885
Fraudulently disposing of goods conditionally delivered.......... 890, 891
Misrepresentation by buyer as to his solvency or ability to pay.... 892, 893
Representations to agents-"Commercial agencies".
896
894, 895
- How long may be relied upon — Duty to notify of change.....
Statement made by agency on its own information - Material al-
terations of dealer's statement.......
Representation must have been relied upon.
.....
897
898
Other false representations inducing sale.............
899, 900
Buying goods not intending to pay for them.....
901, 902
- Cause for rescission distinct from false representations..
Intention, how determined.....
Intention not to pay coupled with insolvency.....
Concealment of insolvency or inability to pay not enough...
903
904
905
906
Against what parties rescission had — Any one not bona fide purchaser
for value......
-
923
Transactions voidable, not void
Sales to defeat creditors usually valid between the parties..
Basis and extent of creditors' right to interfere ...
What dispositions obnoxious to the statutes...
......
Bona fide conveyances for value cannot be impeached..
Fraud of seller alone not enough..
Inadequacy of consideration....
Considerations other than pecuniary..
Conveyance subject to secret lien or trust....
Voluntary conveyances..
Intention of parties..
Relations of parties...
Retention of possession by seller as badge of fraud .
Regulated by statutes in some States...
What delivery or change of possession necessary.
Immediate....
Actual
Continued..
Exclusive....
Sufficiency usually question for jury
Doubts resolved in favor of creditor or purchaser
Who are creditors .....
Nature of demand - Contract or tort- In judgment..
Absolute or conditional......
972
Existing or subsequent creditors - What conveyances existing cred-
itors may avoid....
What subsequent creditors may avoid.....
Where creditors of both classes...
Subrogation of subsequent to rights of existing creditors....
Creditors with notice.......
Bona fide purchasers from fraudulent grantee...
Fraudulent conveyance not good as security for amount paid..
In general.
V. OF FRAUD UPON SUBSEQUENT PURCHASERS.
Delivery as a requisite to the transfer of the title....
Reasons for rule......
Retention of possession by seller as a badge of fraud.
Conclusiveness of presumption
Statutory provisions...
What delivery suffices..
Illustrations...
Delivery of documents..
Seller as bailee of buyer..
Who are purchasers
973
974
975
976
977
978
979
980, 981
982
983
984
985
986
987, 988
989
990, 991
992
Law will not compel rescission.....
Withdrawal from incomplete contract...
Rescission where parties not in pari delicto..
Agreements partly illegal — Divisible agreements..
Forms of the law creating illegality.....
I. ILLEGALITY AT COMMON LAW.
What the common law prohibits.....
Contract for sale of indecent or immoral thing invalid....
Knowledge presumed......
Contract of sale for immoral or illegal purpose
Seller innocent
Seller cognizant or participating.
Malum prohibitum or malum in se
-Degree of participation required
Sales in furtherance of social vices..
Sales in furtherance of gambling..
....
993
994
995
996
997
998
999
Sales in aid of the public enemy...
Sales in violation of liquor laws...
Conflict of laws.....
Sales promotive of wagering speculation..
Legitimate speculation....
Form of contract immaterial..
Mere agreement to repurchase unobjectionable....
Or that vendee has option as to quantity..
Effect upon rights of brokers and other agents.
Sales in furtherance of unlawful combinations..
Sales designed to impose upon the public....
Sales of public office....
Lex loci......
II. INVALIDITY BY STATUTE.
What enactments render sale void...
1044, 1045
1062, 1063
When contract silent, circumstances must determine....
Distinguishing between condition precedent and mere agreement 1064, 1065