Ruling Case Law: As Developed and Established by the Decisions and Annotations Contained in Lawyers Reports Annotated, American Decisions, American Reports, American State Reports, American and English Annotated Cases, American Annotated Cases, English Ruling Cases, British Ruling Cases, United States Supreme Court Reports, and Other Series of Selected Cases, Volume 24William Mark McKinney, Burdett Alberto Rich Edward Thompson Company, 1919 - Law |
From inside the book
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Page 68
... breach of the contract by the seller by nondelivery , and where the seller refuses to make a delivery and repudiates the sale , he cannot urge that the sale in fact was executed and the title vested in the buy- er and that therefore his ...
... breach of the contract by the seller by nondelivery , and where the seller refuses to make a delivery and repudiates the sale , he cannot urge that the sale in fact was executed and the title vested in the buy- er and that therefore his ...
Page 69
... breach with respect to a later instalment.11 On the other hand it has been held that where the seller under an entire contract for the sale of goods to be delivered and paid for in instalments repudiates and breaks the contract , after ...
... breach with respect to a later instalment.11 On the other hand it has been held that where the seller under an entire contract for the sale of goods to be delivered and paid for in instalments repudiates and breaks the contract , after ...
Page 74
... breach of a contract to deliver goods sold by a wholesale to a retail dealer , if there is no wholesale market price at the place of delivery , the market value may be determined by the wholesale market price at the time at the nearest ...
... breach of a contract to deliver goods sold by a wholesale to a retail dealer , if there is no wholesale market price at the place of delivery , the market value may be determined by the wholesale market price at the time at the nearest ...
Page 75
... breach may be recovered ; and it has been said that as the right to interest , in actions upon contract , depends not on discretion , but on legal right , interest is as much a part of the indem- nity to which the buyer is entitled as ...
... breach may be recovered ; and it has been said that as the right to interest , in actions upon contract , depends not on discretion , but on legal right , interest is as much a part of the indem- nity to which the buyer is entitled as ...
Page 84
... breach where it can be said that they were reason- ably within the contemplation of the parties at the time of the sale . And it has been held that where the goods were purchased for a foreign market , the intended place of resale being ...
... breach where it can be said that they were reason- ably within the contemplation of the parties at the time of the sale . And it has been held that where the goods were purchased for a foreign market , the intended place of resale being ...
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Other editions - View all
Common terms and phrases
accept agent article sold authority Bank better view bill of lading bona fide purchaser breach of warranty British Rul buyer carrier caveat emptor chattel claim commodity condition Conn contract of sale court court of equity creditors damages for breach default defendant delivered delivery Dord effect entitled express warranty expressly fact fraud fraudulent Hill N. Y. implied warranty infra insolvency instalments intention liability lien Mach manufacturer Miller Minn Note notice Ohio St ordinarily paid parties patent payment possession principal purchaser ranty reason recover recovery refusal representations resale rescission right of stoppage right to rescind rule sale by sample seed sell seller seller's right supra tender Tenn thereof third person tion U. S. L warranty of soundness warranty of title Wash Wend
Popular passages
Page 523 - Knowledge and learning generally diffused throughout a community, being essential to the preservation of a free government, it shall be the duty of the General Assembly to encourage, by all suitable means, moral, intellectual, scientific and agricultural improvement, and to provide by law for a general and uniform system of common schools, wherein tuition shall be without charge, and equally open to all.
Page 680 - ... of the sanctity of a man's home and the privacies of life. It is not the breaking of his doors and the rummaging of his drawers that constitutes the essence of the...
Page 756 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 683 - Upon the other hand, the corporation is a creature of the State. It is presumed to be incorporated for the benefit of the public. It receives certain special privileges and franchises, and holds them subject to the laws of the State and the limitations of its charter. Its powers are limited by law.
Page 185 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose...
Page 70 - The damages must be such as may fairly be supposed to have entered into the contemplation of the parties when they made the contract...
Page 390 - ... the bare possession of goods by one, though he may happen to be a dealer in that class of goods, does not clothe him with power to dispose of the goods as though he were owner, or as having authority as agent to sell or pledge the goods, to the preclusion of the right of the real owner.
Page 185 - ... there is an implied condition that the goods shall be reasonably fit for such purpose, provided that in the case of a contract for the sale of a specified article under its patent or other trade name, there is no implied condition as to its fitness for any particular purpose...
Page 17 - An invoice," as said by this court in Dows v. National Exchange Bank, 91 US 618, 630, "is not a bill of sale, nor is it evidence of a sale.
Page 45 - ... the same in good faith and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer were expressly authorized by the owner of the goods to make the same.