Sales of Personal Property: Containing the Text of the Uniform Sales Act and the Uniform Bills of Lading Act, with Questions, Problems and Forms |
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Page 10
... WARRANTIES . Sec . 15. Definition of warranty . A. Express Warranties . Sec . 16. What constitutes express warranty . Whether alleged warranties provable if contract in writing . Sec . 17 . B. Implied Warranties . The implied warranties ...
... WARRANTIES . Sec . 15. Definition of warranty . A. Express Warranties . Sec . 16. What constitutes express warranty . Whether alleged warranties provable if contract in writing . Sec . 17 . B. Implied Warranties . The implied warranties ...
Page 40
... warranty , and its truth is immaterial . Warranties are express or implied . When there is a contract of sale , the buyer may make assertions in respect to the goods . He is indeed very prone to do this , for it may be by such ...
... warranty , and its truth is immaterial . Warranties are express or implied . When there is a contract of sale , the buyer may make assertions in respect to the goods . He is indeed very prone to do this , for it may be by such ...
Page 41
... implied . First , let us consider express warranties , and then those that ... warranty if the natural tendency of such affirmation or promise is to induce ... warranty . " 22 We see from the above language that it is largely a question ...
... implied . First , let us consider express warranties , and then those that ... warranty if the natural tendency of such affirmation or promise is to induce ... warranty . " 22 We see from the above language that it is largely a question ...
Page 43
... warranty is not taken to cover obvious and known defects . If a horse is ... implied warranties which exist regardless of the form of contract , except ... warranty covering those defects . Held , it did not cover them . ) the point ...
... warranty is not taken to cover obvious and known defects . If a horse is ... implied warranties which exist regardless of the form of contract , except ... warranty covering those defects . Held , it did not cover them . ) the point ...
Page 44
... implied warranty upon the same point . B. Implied Warranties . Sec . 18. THE IMPLIED WARRANTIES . ( 1 ) THOSE OF TITLE . In every sale or contract to sell there are the implied warranties of title that the seller has , or will have when ...
... implied warranty upon the same point . B. Implied Warranties . Sec . 18. THE IMPLIED WARRANTIES . ( 1 ) THOSE OF TITLE . In every sale or contract to sell there are the implied warranties of title that the seller has , or will have when ...
Other editions - View all
Sales of Personal Property, Containing the Text of the Uniform Sales ACT and ... Alfred William Bays No preview available - 2015 |
Sales of Personal Property, Containing the Text of the Uniform Sales ACT and ... Alfred William Bays No preview available - 2018 |
Common terms and phrases
action agent agreed agreement amount assert his title Assert Title bailee bailment bill of lading breach of warranty buyer carrier or party CHAPTER Chattel Mortgage claim conditional sale consignee contract of sale contract to sell court creditors damages defect delivered document of title effect Estopped executors existence express warranty fact faith fungible horse implied warranty indorsed intention appears law of sales liable lien memorandum ment merchantable negotiable bill negotiable document notice Order Bill original bill otherwise ownership particular purpose payment performance possession purchaser reasonable received refuses remedy resale rescind rescission retain retention RULES FOR ASCERTAINING sale by sample Section sell specific shipped shipper sold specified person statute of frauds stoppage in transitu therein thereof third person tion title has passed transaction transfer of title transferor TRANSFERRING TITLE transit true owner unascertained Uniform Sales Act unless unpaid seller wagon warehouse receipt
Popular passages
Page 98 - A contract for the sale of any goods of the value of ten pounds or upwards shall not be enforceable by action unless the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the...
Page 118 - Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance...
Page 149 - That where a negotiable bill is transferred for value by delivery, and the indorsement of the transferor is essential for negotiation, the transferee acquires a right against the transferor to compel him to indorse the bill, unless a contrary intention appears. The negotiation shall take effect as of the time when the indorsement is actually made.
Page 128 - Where the buyer wrongfully neglects (129) or refuses to accept and pay for the goods, the seller may maintain an action against him for damages for nonacceptance. (2) The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer's breach of contract.
Page 98 - ... ready for delivery or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery ; but if the goods are to be manufactured by the seller especially for the buyer and are not suitable for sale to others in the ordinary course of the seller's business the provisions of this section shall not apply.
Page 53 - Where there is an unconditional contract to sell 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 103 - ... sale be by sample, as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.
Page 119 - ... a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract. 2. Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound, on request, to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they conform with the contract.
Page 142 - ... (c) A readiness and willingness to sign, when the goods are delivered, an acknowledgment that they have been delivered, if such signature is requested by the carrier.
Page 113 - ... had or had ability to convey to a purchaser in good faith for value, and also such title to the goods as the...