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22

v. Pim

Page Woodin v. Burford

342 Woodley v. Brown

415 Woodridge, ex parte .

200 Woods v. Russel

315 Worcester's (Bishop of) case 167 Wordall v. Smith ...

101 Worsely v. Demattos..........

108 Worsley v. Wood. 238, 308 Wright v. Campbell .. 257, 311, 312 v. Dannah

78 v. Lawes

207, 208 v. Newton

230, 332 v. Pulham

373 v. Snell..

420 v. Wilson

154 Wyatt v. Bulmer

142 Wyburd v. Stanton

139

Yorke v. Greenaugh Youl v. Harbottle Young v. Axtell

v. Hunter

109 269, 363

420 426 368 370

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Statute of Frauds. Statutes relating to sales of Ships. Statutes relating to sales of Prohibited

SALE BY
PRIVATE CONTRACT

As AFFECTED BY STATUTES

1.
THE CONTRACT

OF SALE.

Goods.
Statutes relating to sales on Prohibited Days.
Statute against fraudulent Alienations.
Statute of Bankruptcy.

THE CONTRACT OF SALE.

(By Fraud.
As AFFECTED BY COMMON
LAW

By Immorality.

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Trover

As to VENDOR

Case for deceit. Actions founded on deceit and warrranty. Money had and received.

OF VENDEE

-{ Warranty.

As to THIRD

PARTIES

Partners of vendor. Bailees. Agents.

The Law

OF

VENDORS AND PURCHASERS

OF

CHATTELS.

BOOK I.

OF THE CONTRACT OF SALE.

CHAPTER I.

PRELIMINARY CHAPTER.

sale,

Sale is defined to be the transfer of the pro- Definition of perty from the owner to some other person, in consideration of a price or equivalent recompence (a). There is no essential distinction between sale, and barter or exchange; in the former, Barter. the consideration is money; in the latter, any valuable commodity (6). The law is the same whatever be the quid pro quo; but a consideration of some kind is absolutely necessary, for the maxim is, ex nudo pacto non oritur actio (c).

The first consideration naturally is, what persons Parties to are qualified in law to become parties to a con

sale.

(a) See 2 Bl. Comm. ch. 30; 2 Wooddeson's Lect. p. 210. (6) 2 Bl. Comm. ch. 30.

(c) Noy's Max. p. 348 (9th Ed.) Irons v. Smallpiece, 2 B. & A. 551 ; Bunn v. Markham, 2 Marsh, 532.

B

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