37. A sells B a car stating that it is a 1912 model. It is not a 1912, but an earlier model. Is A's statement a warranty? (Morris v. Flat Motor Sales Co. of Calif., 162 Pac. 663. [Cal.]).
38. A sold B "cheese" stating that it was "excellent." B claims it is not excellent and sues for breach of warranty. Is there a warranty in the use of this word? (Maggroros v. Edson Bros., 164 N. Y. S. 377.)
39. A sold to B a specific mule for a sound price. The mule had a bone spavin but it was not discoverable upon reasonable inspection. A knew the mule had the defect and said nothing. B sues A for damages. A relies on caveat emptor. Has B a case? (Glover v. Phillips, 174 S. W. (Tex.) 657.)
40. A was a manufacturer of farm machinery and he also dealt In windmills, which he did not manufacture. B knowing this to be true, bought some farm machinery, ordered from A's catalogue, and also a windmill ordered in the same way. Both were defective from a weakness not apparent on reasonable inspection and not known to either A or B at the time of sale or delivery. Can B recover in either case?
41. A had a contract with B whereby it was to erect for B a building according to certain specifications. A submitted the contract to C. Lumber Company and asked for a contract for lumber as required in said contract. C. Lumber Company agreed to sell A the lumber needed in said contract. What warranties were implied? (Berger v. E. Berger & Co., 80 So. (Fla.) 296.)
42. A orders "2 Harrison Safety Boilers of 150 Horse Power each." B, the manufacturer, knows the purpose for which they are wanted. Name all the implied warranties in this sale.
43. Describe the warranties in a sale by sample.
44. W, owner of a retail store, sold S a sealed can of herring, canned by other parties from whom W purchased at wholesale. The herring was spoiled, and S upon eating it became sick from the effect thererof. S sues W. Can S recover damages? (Sloan v. F. W. Woolworth Co., 193 111. Ap. 620.)
45. A, a maker of cars, sold an automobile to B, a dealer who resold to C, and C while using the car was injured on account of a defective wheel. C sues A. Must C show guilty knowledge, or can he recover on merely showing negligence on A's part?
46. What is meaning of phrase "transfer of title"?
47. A orders a wagon from B, to be made up especially for A from materials furnished by B. A sees the wagon from time to time in the progress of being built and expresses satisfaction. Before the wagon is finished and while still at B's place, B goes into bankruptcy. As between B's trustee and A, who is entitled to the wagon?
48. A miller sold a grocer 100 bbls. of flour, same was paid for. Later after the grocer left, the miller rolled on the sidewalk 100 bbls. of flour that the grocer was to call for. Later the miller changed his mind and rolled the flour back into the mill, and the sheriff levied on the flour for a credit of the miller who was insolvent. What right has the grocer?
49. Plaintiff made a contract of sale of grapes growing on certain vines, such grapes to be picked, packed and delivered to a railroad station, and there received by defendant for prices stated. Before the grapes were picked, they were destroyed by a heavy rain storm. Plaintiff sues defendant for the price. On whom will loss fall? Why? Pfoh v. Porter, 137 Pac. 44 ( - Cal. - ). See also Hartley v. Lapidus & Holub Co., 216 Fed. 92. (Sale of apples then on trees to be picked and delivered by seller.)
50. A at New York consigned goods to himself at Chicago and forwarded a bill of lading indorsed in blank and with draft attached, to a bank, with directions that the bill be delivered only on payment of the draft. During transit and before delivery of the bill of lading to the purchaser, the goods were damaged by the great flood of 1913 in Ohio, and rendered practically worthless, and would not be received by the connecting carrier there. The shipper claimed that the buyer was liable for the price. Who wins? (Brandenstein v. Geo. Ras-mussen Co., 192 111. Ap. 545.)
51. What is meant by reservation of "jus disponendi"? In what ways may it be accomplished?
52. Boxes were sold by A to B "f. o. b. scow at Seattle" (point of shipment). A made delivery on the scow. A part of the boxes were lost on the scow. A sues for the purchase price of all the boxes. B contends title has not passed as he had a right to examine the goods before acceptance. Result? Why? (Skinner v. James Griffith & Sons, 141 Pac. 693, - Wash. - .)
53. A bought a horse from B. Agreed that B was to turn horse over to A's father C in a day or two, from whom A could get the horse when he desired. Horse turned over to C, while in C's possession horse injured by coming in contact with a wire. Suit by B for purchase price. Defense, title not passed. How should court decide? (Kepple v. Stoddard, 193 111. Ap. 301.)
54. A, living in one county in the state, orderd whisky from B, living in another county of the state, to be shipped by B over a railroad traveling between such counties. B shipped the whisky. A law forbade the selling of whisky within one mile of a schoolhouse. B, though living more than one mile of a schoolhouse, shipped the whisky at a railroad station within one mile of a schoolhouse. B is indicted. Is he guilty? (State v. J. Kelly & Co., 123 Tenn. 556, 36 L. R. A. N. S. 171.
55. A sold to B for cash, B giving a worthless check. B then resold to C an innocent purchaser for value. A, finding the check worthless, sues C for conversion of his property. Can A recover? (B. & O. S. W. v. Good, 82 Ohio 51, 92 N. E. 435, 29 L. R. A. N. S. 713.) Notes 13 L. R. A. N. S. 809 ; 49 L. R. A. N. S. 173.
56. A is employed by B as a salesman to take orders from samples. Orders to be filled by shipments from B. A is given certain costly samples from which to make his sales. He sells the samples to a tradesman upon whom he calls and collects the price. State whether B has any remedy against the purchaser, and if so, what kind of remedy he should pursue.
57. A buys an automobile from his neighbor Brown. He then tells Brown that he will not want to use it for a month and Brown can keep and use it in the meantime. A week later Brown sells to Smith. A claims the machine from Smith. Who prevails?
58. A sells his business to B, including the stock in trade. There is a bulk sale's act in force. It is not complied with. M is one of A's creditors. What remedy has he?
59. The Singer Sewing Machine Company made a contract with one Carver under which they delivered him a sewing machine, calling the contract a lease and the payments made thereunder rent, under which by the last payment lessee was to acquire title. The statute of the state required a conditional sales contract to be recorded to be good against innocent purchaser. Carver while still indebted sold the machine to the defendant. The contract in question was not recorded. The Sewing Machine Company sues the defendant for possession, asserting that it had title. Can plaintiff prevail?
60. A made a contract with B for sale by B to A of 20 carloads of sauer kraut, specifying "kraut of good quality, 1913 pack, equal to that furnished by seller during season of 1911." Both parties, when the contract was signed, believed that the kraut was to 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? (Fred W. Wolf Co. v. Monarch Refining Co., 252 111. 491.)
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 sue for the price.
67. What is a seller's lien? How is it lost?
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?
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?