The Law of Sales of Personal Property |
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Page xiv
... Word " Warranty " need not be used 209. Fact versus Opinion and Commendation 134 135 135 135 136 137 139 139 139 141 • 141 142 142 143 143 144 145 145 147 147 • 147 ( § 4. ) 210 , 211. Sales by Description Xiv TABLE OF CONTENTS .
... Word " Warranty " need not be used 209. Fact versus Opinion and Commendation 134 135 135 135 136 137 139 139 139 141 • 141 142 142 143 143 144 145 145 147 147 • 147 ( § 4. ) 210 , 211. Sales by Description Xiv TABLE OF CONTENTS .
Page 10
... fact that he must sue in the name of his assignor , and that he was subject to defences available against his assignor . Finally , in many jurisdictions , the assignee of a chose in action has been granted the right to sue at law in 1 ...
... fact that he must sue in the name of his assignor , and that he was subject to defences available against his assignor . Finally , in many jurisdictions , the assignee of a chose in action has been granted the right to sue at law in 1 ...
Page 17
... fact.5 § 5. Contract for Sale , or for Labor and Materials . 21. An agreement to sell goods , to be made or acquired in the future , is not a wager , but a valid executory contract . " 1 Dexter v . Norton , 47 N. Y. 62 ( 1871 ) ...
... fact.5 § 5. Contract for Sale , or for Labor and Materials . 21. An agreement to sell goods , to be made or acquired in the future , is not a wager , but a valid executory contract . " 1 Dexter v . Norton , 47 N. Y. 62 ( 1871 ) ...
Page 25
... facts to justify the conclusion that there was a sale of the oleomargarine . The individuals referred to entered the defendant's place of business and ordered a meal . It was furnished , but oleomargarine formed no part of it . It is ...
... facts to justify the conclusion that there was a sale of the oleomargarine . The individuals referred to entered the defendant's place of business and ordered a meal . It was furnished , but oleomargarine formed no part of it . It is ...
Page 28
... fact , and that any sale of ice ready formed , as a distinct commodity , should be held a sale of personalty , whether in the water or out of the water . " 41. Soil Products . - These , while attached to the earth , are within the ...
... fact , and that any sale of ice ready formed , as a distinct commodity , should be held a sale of personalty , whether in the water or out of the water . " 41. Soil Products . - These , while attached to the earth , are within the ...
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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.