The Law of Sales |
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Page vii
... courts feel more or less obliged to follow . I do not believe that even in theory courts are absolutely bound to follow the rules of precedent . Actu- ally , it is indisputable that they do modify and depart from established rules when ...
... courts feel more or less obliged to follow . I do not believe that even in theory courts are absolutely bound to follow the rules of precedent . Actu- ally , it is indisputable that they do modify and depart from established rules when ...
Page 1
... court uses " sale " and " contract of sale " as quite different from " agreement to sell " and as mean- ing actual transfer of ownership . On the other hand " sale " is often used in reference to the " contract " regardless of whether ...
... court uses " sale " and " contract of sale " as quite different from " agreement to sell " and as mean- ing actual transfer of ownership . On the other hand " sale " is often used in reference to the " contract " regardless of whether ...
Page 4
... courts will call the transaction a sale and give it effect as such . If they intended to con- vey powers less than ... court , however , to decide , and to instruct the jury accordingly , just what rights and powers the parties must ...
... courts will call the transaction a sale and give it effect as such . If they intended to con- vey powers less than ... court , however , to decide , and to instruct the jury accordingly , just what rights and powers the parties must ...
Page 5
... court thinks it could not be disputed , the court can decide what name shall be given the transaction , as a matter of law ; but if there is dispute as to what rights and powers the parties in- tended to pass , the case should be ...
... court thinks it could not be disputed , the court can decide what name shall be given the transaction , as a matter of law ; but if there is dispute as to what rights and powers the parties in- tended to pass , the case should be ...
Page 6
... court rather than for the jury , which latter is supposed to ascertain only actual facts . But while , as noted above , very many courts do , themselves , make the finding as a matter of law , there are no established rules of ...
... court rather than for the jury , which latter is supposed to ascertain only actual facts . But while , as noted above , very many courts do , themselves , make the finding as a matter of law , there are no established rules of ...
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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 existence express fact 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.