The Law of Sales |
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Page 15
... sufficient here to call attention to the fact that there must have been an effective contract to transfer the own- ership , before the law will , by recognition thereof , create an actual transfer of the ownership , 26 - Peeters v ...
... sufficient here to call attention to the fact that there must have been an effective contract to transfer the own- ership , before the law will , by recognition thereof , create an actual transfer of the ownership , 26 - Peeters v ...
Page 28
... v . Eggleston , 27 Mich . 324 ; Ellis & Myers Lumber Co. v . Hubbard , 123 Va . 481 , 96 S. E. 754 . 25 - Ante , p . 24 . 26 - Hamilton v . Gordon , 22 Ore . know of an accepted case in which evidence sufficient to 28 THE LAW OF SALES.
... v . Eggleston , 27 Mich . 324 ; Ellis & Myers Lumber Co. v . Hubbard , 123 Va . 481 , 96 S. E. 754 . 25 - Ante , p . 24 . 26 - Hamilton v . Gordon , 22 Ore . know of an accepted case in which evidence sufficient to 28 THE LAW OF SALES.
Page 29
John Barker Waite. know of an accepted case in which evidence sufficient to rebut the presumptions has been ignored on the ground that the rule was conclusive and not presumptive . Much of the confusion of expression arises from ...
John Barker Waite. know of an accepted case in which evidence sufficient to rebut the presumptions has been ignored on the ground that the rule was conclusive and not presumptive . Much of the confusion of expression arises from ...
Page 39
... sufficiently recurrent for any custom of decision based on them to have grown up . When , therefore , a par- ticular case presents facts not precisely covered by the few rules of presumption just discussed , the question of title ...
... sufficiently recurrent for any custom of decision based on them to have grown up . When , therefore , a par- ticular case presents facts not precisely covered by the few rules of presumption just discussed , the question of title ...
Page 40
... sufficiently clear and defi- nite to give a contract validity , does not necessarily point out any particular property . Thus if A agrees to sell to B the watch which he holds in his hand , or the wheat which is in a certain bin , there ...
... sufficiently clear and defi- nite to give a contract validity , does not necessarily point out any particular property . Thus if A agrees to sell to B the watch which he holds in his hand , or the wheat which is in a certain bin , there ...
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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.