Professor David W. Gruning
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SALES & LEASES

LCiv725001

Autumn 1999

This is the source page for Sales and Leases. 

From here, you can link to the resource pages on the buttons, in particular to the Exposé des Motifs of the Sale revision and the Obligations revision. 

It will also post updates on what will be covered in the next class, summaries of discussions from the course listserve, schedule changes, notices of extra class meetings, and so forth.  So please check here often! 

The next class (Friday, 10 September) will start with a short review of the individualization issue.  Focus your review on the language in the Civil Code today. 

Hypo  Seller owns several hundred widgets that he stores on a wharf on Algiers Point..  He doesn't know exactly how many he has.  Buyer needs 100 widgets to use in his business which is located in a warehouse at the Napoleon Street wharf on the other side of the river.  Seller owes Creditor $10,000, and Creditor has properly initiated proceedings to send the Sheriff  to sequester Seller's goods in Algiers.  Seller does not know Creditor has done this.  Seller has a load of flanges coming in, on which he stands to make a substantial profit (enough to pay off Creditor and then some).  But Seller needs to free up space in his Algiers warehouse to take delivery of the flanges.  So when Buyer offers $5 a piece for 100 widgets, Seller agrees to the price and asks Buyer whether he would mind if Seller moved all of the widgets into Buyer's Napoleon Street warehouse.  Once there, Seller proposes, "you can pick out the ones you want.  Just mark the ones you pick with a dab of white paint.  As for the rest, I promise I'll sell those to someone else and get them out of your warehouse within thirty days, if that's what you want.  If you decide you want to buy them, or some of them, in the meantime, let me know."  In fact, don't even pay me for the first 100 until the end of the month, and then you can pay me for those and however many more you decide to buy.  Buyer agrees to this.  The widgets are moved to Buyer's warehouse.  (It turns out that there are 500 widgets altogether, though neither Seller nor Buyer know that.)  

Variation 1.  Buyer has marked 40 of them with white paint, when the Sheriff shows up and seizes all the widgets for Creditor.. 

Variation 2.  Buyer has marked 40 of them with white paint, when an earthquake occurs, causing the floor of the warehouse to crack open.  All the widgets tumble into the Mississippi, sink to the bottom and are both lost and ruined completely by being water soaked.

Variation 3.  Add to the facts in Variations 1 and 2 that Buyer has marked the 100, has decided to buy 200 more, of which Buyer has marked 30.

Variation 4.  Seller and Buyer agree "delivery of Buyer's 100 widgets occurs when the mass of widgets arrives in Buyer's warehouse, even before Buyer counts out the 100 he is buying immediately."  

clue:  http://www.imsa.edu/~mitch/titles/third_man.html

Updated Thursday, September 09, 1999