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accept agreed agreement to sell appropriation ascertained assent attornment bailee behalf bill of exchange bill of lading breach of warranty buyer carrier caveat emptor Charter Party claim clause conditions and warranties contract of sale deemed defects defendant document of title effect express or implied fact following cases illustrate held hire purchase illustrate the rule implied condition implied warranty Indian Contract Act insolvent instalments liable lien or stoppage mercantile agent negotiable instrument notice observed as follows owner paid passing of property patent defects payment plaintiff pledge possession Principle provides purpose of transmission quantity railway receipt reasonable recover right of disposal right of lien right of stoppage risk rule embodied rule of law sale of specific section deals seller's lien ship sold stipulation stoppage in transit sub-section deals Summary SYNOPSIS take delivery tender transfer treat the contract undermentioned unless unpaid seller unpaid seller's right vendor wharfinger