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 |
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Page 3
... Possession 315. Sale of Property Having Potential Existence Only 316. Delivery to Third Person 317. Constructive ... Possession Generally 325. Retention of Possession as Employee of Buyer 326. Sale by Cotenant 327. Property in Possession ...
... Possession 315. Sale of Property Having Potential Existence Only 316. Delivery to Third Person 317. Constructive ... Possession Generally 325. Retention of Possession as Employee of Buyer 326. Sale by Cotenant 327. Property in Possession ...
Page 13
... POSSESSION 773. In General 774. Effect of Breach of Contract by Seller 775. Waiver of Right to Retake Possession Generally 776. Effect of Action for Price Generally 777. Special Provisions as Affecting Rule 778. Attempt to Enforce ...
... POSSESSION 773. In General 774. Effect of Breach of Contract by Seller 775. Waiver of Right to Retake Possession Generally 776. Effect of Action for Price Generally 777. Special Provisions as Affecting Rule 778. Attempt to Enforce ...
Page 36
... possession , and he may maintain an action of detinue or replevin , or the statu- tory substitutes therefor such as an action of claim and delivery , on the wrongful refusal of the seller to deliver possession.11 And ordi- narily where ...
... possession , and he may maintain an action of detinue or replevin , or the statu- tory substitutes therefor such as an action of claim and delivery , on the wrongful refusal of the seller to deliver possession.11 And ordi- narily where ...
Page 39
... possession if the buyer does not make payment . 10 Likewise where , in case of sales on credit , the buyer is under the terms of the contract to give notes or other security for the price on delivery , the delivery is deemed conditional ...
... possession if the buyer does not make payment . 10 Likewise where , in case of sales on credit , the buyer is under the terms of the contract to give notes or other security for the price on delivery , the delivery is deemed conditional ...
Page 44
... possession by such payment even though the draft is drawn for more than the agreed price ; his tender of the agreed price confers on him no title or right to possession . And it has been held that even though he should tender the full ...
... possession by such payment even though the draft is drawn for more than the agreed price ; his tender of the agreed price confers on him no title or right to possession . And it has been held that even though he should tender the full ...
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Other editions - View all
Common terms and phrases
accept according action actual agent agreed amount authority Bank bill breach breach of warranty buyer carrier chattel claim commodity condition constitute contract of sale court creditors damages default defects defendant delivered delivery difference effect entitled evidence exercise existence express fact failure fraud give given hand held implied warranty infra insolvency instalments intention kind knowledge liability lien loss manufacturer Mass matter Note notice ordinarily paid parties pass payment possession provision purchase question reason received recover recovery refusal regards remains representations resale rescind right of stoppage rule sample seed seems sell seller shipped sold soundness subsequent sufficient supra taken tender third person tion transfer transit true
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 678 - ... 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 754 - 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 681 - 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 183 - 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 74 - 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 388 - ... 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 183 - ... 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 48 - ... 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.