1. Define "bailment."
2. Classify bailments.
3. State Examples 2 and 3.
4. Various farmers delivered wheat to a mill and received in return a certificate reading as follows: "Cedar Hill, Texas,........,
191..... Received of .......... bushels of wheat for which he is to receive in exchange..........pounds of flour,..........pounds of bran, and .......... pounds of shorts." The miller went into bankruptcy and the farmers claimed title as tenants in common to all the wheat in his bins received under these certificates, but the trustee claims they are only general creditors. How should the court decide? (Matter v. Ballard, 44 Amer. Bankr. Rep. 651.)
5. What are fungible goods? What is the rule as to such goods?
6. A sent 20 pianos to B for safekeeping in B's warehouse. The waters of the Ohio River rose by an unprecedented flood and ruined the pianos. The evidence showed that the rise was gradual and steady and defendant had time and opportunity to guard against the calamity. A sues B. B claims he did not know the river would rise so high. Is B responsible? Would it be for the court or Jury to decide and what facts should determine? (See H. C. Powell Music Co. v. Park-ersburg Transfer Co., 75 W. Va. 659, 84 S. E. 653.)
7. In what two cases is an ordinary bailee absolutely liable for loss or injury, even if not negligent
8. K left goods with P to be stored at a certain place. P without K's knowledge stored them in another place in which they were destroyed by fire without P's fault K sues P. For whom should judgment be? (Kennedy v. Portman, 97 Mo. At 253, 70 S. W. 1099.)
9. Does a bailee in all cases have a lien? How is a lien lost? is it a general or special lien?
10. Must a pledgee sell at public sale? Can he purchase at his own sale ?
11. What are the chief "public service companies?"
12. What is the duty of an innkeeper (1) in respect to providing facilities for those who come; (2) in respect to safety of goods?
13. Define a common carrier. What is the rule of liability for the safe carriage of goods by a common carrier?
14. Define an Act of God. Give an example.
15. Is a mob a "public enemy"?
16. Could a common carrier limit its liability in case of loss by negligence.
17. What is the rule where there is an agreed valuation?
18. When does the carrier's liability as a carrier begin? When end? What is its liability after the liability as carrier ends?
19. Define a document of title.
20. Is a document of title negotiable? Distinguish in legal effect between a document of title and a negotiable instrument.
21. How are documents of title negotiable?
22. State the warranties of a transferror of negotiable paper.
23. Define a sale. How does it differ from a contract to sell? If there is a contract to sell and the seller refuses to perform, has the buyer any ownership of the goods? Can he compel performance? What is his remedy?
24. (1) A agrees to deliver and B agrees to accept and pay for a horse at a price to be later agreed on. Is there a sale?
(2) Suppose the horse was actually delivered under the agreement and kept by B, but no price was ever agreed on; what rights has A?
(3) A sale at a price to be determined by the market price on a future day. Is there a sale?
(4) A sale between A and B at a price to be determined by C. Is there a contract?
(5) A sale with no price expressly agreed upon and no way stated by which it can be fixed. Is there a contract?
25. Define a conditional sale.
26. A, being insolvent, gives his house to his sister, and sells his automobile to B at less than it is worth. A's trustee in bankruptcy attempts to set aside both transactions. Will he prevail?
27. A ordered of B a number of automobile trucks of the kind sold by B as a part of his regular stock, and also a number of taxi cabs to be made up especially for A with a monogram on each car, the cars to be built only upon A's special order and not otherwise a regular part of the stock carried by B. They were to be painted in certain colors and to have special designs. Both contracts are oral and there has been no payment or delivery. The cars are shipped to A. He refuses to accept them and pleads the statute of frauds. Is his defense good?
28. A wrote a memorandum of sale upon his letterhead and handed it to B who accepted it. B afterwards sues A. A relies on the statute of frauds and claims that there is no memorandum signed as required by the statute of frauds, because, first, neither party has signed it; second because under any construction B did not sign it when the contract was made. Is either defense good?
29. Under what circumstances can an agent of one party sign his name to comply with the statute of frauds?
30. A orders an automobile from B and pays $10.00 down. A afterwards sues B for failure to deliver the car. Can B plead the statute of frauds?
31. What is the rule as to the power to sell future goods? To contract for the sale of future goods?
32. If goods are destroyed unknown to either party before the contract is made, what is the rule? What right does the Sales Act give the purchaser in case of partial destruction or partial deterioration?
33. Same questions where deterioration or destruction occurs after the contract is made but before the title passes.
34. A contracts to sell to B 500 reaping machines. A has on hand 1,000 machines out of which he expects to fulfill his contract with B, but B has no right to demand any specific machines. The entire 1,000 machines are destroyed by fire. Is the contract avoided? Why?
35. Define a warranty.
36. A bought from B a horse, B stating that the horse was "sound and all right." The horse was afllicted with "moon eyes," which is incurable and finally results in total blindness. Plaintiff sues for breach of warranty alleging that he did not see or know of the defect when he bought the horse. Defendant contends (1) that the language does not constitute a warranty; (2) that at any rate plaintiff must show fraud; (3) that defendant had an opportunity to inspect the horse when he bought it. (McCarty v. Williams, Ind. Ap. 108 N. E. 370.)