The Law of Sales |
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Page 5
... appears to make title a matter of determination by the court from admitted facts , the other appears to leave it to the jury as a matter of intent . But it may be observed that the result is the same whether the court deduces it for ...
... appears to make title a matter of determination by the court from admitted facts , the other appears to leave it to the jury as a matter of intent . But it may be observed that the result is the same whether the court deduces it for ...
Page 7
... appears to have de- termined the question of intent ) . 14 - Gottleib v . Rinaldo , 78 Ark . 123 , 6 n . s . 273. In re Miller & Brown , 135 F. 868 ; Hallidie v . Sutter St. Ry . Co. , 63 Cal . 575 . 15 - Hunt v . Wyman , 100 Mass , 198 ...
... appears to have de- termined the question of intent ) . 14 - Gottleib v . Rinaldo , 78 Ark . 123 , 6 n . s . 273. In re Miller & Brown , 135 F. 868 ; Hallidie v . Sutter St. Ry . Co. , 63 Cal . 575 . 15 - Hunt v . Wyman , 100 Mass , 198 ...
Page 18
... appear that they consider " ownership " never to have passed to the original buyer because he did not have possession . At most , however , this apparent conflict is one of termi- nology only - namely , how completely and exclusively 5 ...
... appear that they consider " ownership " never to have passed to the original buyer because he did not have possession . At most , however , this apparent conflict is one of termi- nology only - namely , how completely and exclusively 5 ...
Page 22
... appears that payment was not to be immedi- ate , as where a term of credit is expressly given . See the dis- cussion under " Cash Sale " , Post , p . 33. Paul v . Reed , 52 N. H. 136 ; Mich . Cent . Ry . v . Phillips , 60 Ill . 190 ...
... appears that payment was not to be immedi- ate , as where a term of credit is expressly given . See the dis- cussion under " Cash Sale " , Post , p . 33. Paul v . Reed , 52 N. H. 136 ; Mich . Cent . Ry . v . Phillips , 60 Ill . 190 ...
Page 24
... appears to be contrary to this rule , but is not necessarily SO . The court does say , " Where the entire mass is sold and must be measured simply with a view to the ascertainment of its price for the purpose of a settlement , the title ...
... appears to be contrary to this rule , but is not necessarily SO . The court does say , " Where the entire mass is sold and must be measured simply with a view to the ascertainment of its price for the purpose of a settlement , the title ...
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Common terms and phrases
acceptance action actual agent agreed agreement authority bailee Bank bill of lading breach of contract Bros buyer buyer's agent carrier cash on delivery chattel common law Conn contract of sale contract to sell court held courts of equity damages decisions defendant delivered delivery dictum document of title equity express fact fungible implied warranty insolvent intent to pass jury liability Lumber Mass matter ment Minn Nat'l negotiable oral contract owner ownership particular parties pass title passing of title payment plaintiff posses presumption promise purchase price question reason receipt recover refusal replevin resale rescind rescission retake possession rule Section seller seller's right shipment sion Smith sold specific Statute of Frauds stoppage in transitu thing third person tion title has passed title passed tract transaction transit Uniform Sales Act vendee vendor
Popular passages
Page 296 - Where there is an unconditional contract for the sale of 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 332 - Person" includes a corporation or partnership or two or more persons having a joint or common interest. To "purchase" includes to take as mortgagee or as pledgee.
Page 298 - When in pursuance of the contract the seller delivers the goods to the buyer or to a carrier or other bailee (whether named by the buyer or not) for the purpose of transmission to the buyer, and does not reserve the right of disposal, he is deemed to have unconditionally appropriated the goods to the contract.
Page 326 - Goods. — the buyer, and the seller wrongfully neglects or refuses to deliver the goods, the buyer may maintain an action against the seller for damages for non-delivery. (2.) The measure of damages is the loss directly and naturally resulting in the ordinary course of events, from the seller's breach of contract.
Page 307 - ... had or had ability to convey to a purchaser in good faith for value, and also such title to the goods as the...
Page 320 - ... (5) When goods are delivered to a ship chartered by the buyer it is a question depending on the circumstances of the particular case whether they are in the possession of the master as a carrier or as agent to the buyer.
Page 295 - If the seller is a dealer in goods of that kind, there is an implied warranty that the goods shall be free from any defect rendering them unmerchantable which would not be apparent on reasonable examination of the sample.
Page 309 - If goods are delivered to a bailee by the owner or by a person whose act in conveying the title to them to a purchaser...
Page 310 - ... or in satisfying the claim by means thereof as is allowed at law or in equity in regard to property which cannot readily be attached or levied upon by ordinary legal process.
Page 332 - The goods which form the subject of a contract to sell may be either existing goods, owned or possessed by the seller, or goods to be manufactured or acquired by the seller after the making of the contract to sell, in this act called "future goods.