The Law of Sales of Personal Property |
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Page xii
... Amount of Evidence required 102. Mutual Assent 103. Mutual Assent to the passing of Title is subsidiary to Contract ... amounts to a xii TABLE OF CONTENTS .
... Amount of Evidence required 102. Mutual Assent 103. Mutual Assent to the passing of Title is subsidiary to Contract ... amounts to a xii TABLE OF CONTENTS .
Page xiii
Francis Marion Burdick. ( § 2. ) 130. What Act amounts to a Receipt 131. If Goods are on the Land of a Third Party . PAGE 94 95 . 132. Common Carrier has Implied Authority to receive , but not to accept . 95 133. Actual Receipt involves ...
Francis Marion Burdick. ( § 2. ) 130. What Act amounts to a Receipt 131. If Goods are on the Land of a Third Party . PAGE 94 95 . 132. Common Carrier has Implied Authority to receive , but not to accept . 95 133. Actual Receipt involves ...
Page xvi
... amount to a Renunciation of the Contract 177 257. Followed in some American Jurisdictions 177 258. Breach going to the Whole Consideration 178 259. Breach of any Essential Term of an Instalment Contract 179 260. Is Time of Payment an ...
... amount to a Renunciation of the Contract 177 257. Followed in some American Jurisdictions 177 258. Breach going to the Whole Consideration 178 259. Breach of any Essential Term of an Instalment Contract 179 260. Is Time of Payment an ...
Page 4
... amount as the one party may desire to deliver and the other to receive . " Price v . Stifek , 39 Mont . 426 ; 104 Pac . 195 ( 1905 ) ; Elmore , Quillian & Co. v . Parrish Bros. , 170 Ala . 499 ; 54 So. 203 ( 1911 ) . " 100 bales of ...
... amount as the one party may desire to deliver and the other to receive . " Price v . Stifek , 39 Mont . 426 ; 104 Pac . 195 ( 1905 ) ; Elmore , Quillian & Co. v . Parrish Bros. , 170 Ala . 499 ; 54 So. 203 ( 1911 ) . " 100 bales of ...
Page 5
... amounts to a sale , when there exists a reciprocal consent of both parties , as to the thing and the price thereof . " This provision , literally interpreted would create sales by operation of law , but the Supreme Court of Louisiana ...
... amounts to a sale , when there exists a reciprocal consent of both parties , as to the thing and the price thereof . " This provision , literally interpreted would create sales by operation of law , but the Supreme Court of Louisiana ...
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Other editions - View all
Common terms and phrases
acceptance action agreed agreement Allen appropriation ascer assent bailment Bank bargain and sale bill of lading bona fide purchaser breach Bros Burdick's buyer Campbell on Sales chattel chose in action cited common law Conn contract of sale contract to sell courts damages declared defendant deliver delivery doctrine emblements English statute Exch held inspection intention Johnson land Lumber Mass memorandum ment Minn Mnfg mortgage Ohio St Okla oral oral contract owner parties pass title payment performance plaintiff possession present sale provision purchaser quantity receipt rule sale contract Sales 2d satisfy the statute seller seller's engagement Smith sold specific Statute of Frauds stipulated subject-matter supra Tenn thing tion tract transaction transfer treated Uniform Sales Act unless vendee vendor warranty Wash Wend
Popular passages
Page 345 - Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions; that is to say, the seller must be ready and willing to give possession of the goods...
Page 336 - ... his agent, or to the order of the seller or his agent, the seller thereby reserves the property in the goods.
Page 369 - Subject to the provisions of this Act and of any statute in that behalf, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract to sell or a sale, except as follows...
Page 368 - ... an agreement with reference to goods which are the subject of a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages, but not to a right to reject the goods and treat the contract as repudiated.
Page 385 - ... decree direct that the contract shall be performed specifically, without giving the seller the option of retaining the goods on payment of damages. The judgment or decree may be unconditional, or upon such terms and conditions as to damages, payment of the price and otherwise, as to the court may seem just.
Page 349 - In the absence of express or implied agreement of the parties, acceptance of the goods by the buyer shall not discharge the seller from liability in damages or other legal remedy for breach of any promise or warranty in the contract to sell or the sale.
Page 389 - in good faith" within the meaning of this Act when it is in fact done honestly, whether it be done negligently or not.
Page 348 - The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or when the goods have been delivered to him, and he does any act in relation to them which is inconsistent with the ownership of the seller
Page 59 - Where there is an unconditional contract to sell specific goods, in a deliverable state, the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment, or the time of delivery, or both, be postponed.
Page 70 - ... (a) when he signifies his approval or acceptance to the seller or does any other act adopting the transaction; (b) if he does not signify his approval or acceptance to the seller but retains the goods without giving notice of rejection, then, if a time has been fixed for the return of the goods, on the expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time.