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 18
... refuses to carry out his contract B has no ownership in or claim against the wagons themselves but is left to his remedy in a suit for damages occasioned by the breach . ( 2 ) Or , pursuant to the contract , A may make an actual ...
... refuses to carry out his contract B has no ownership in or claim against the wagons themselves but is left to his remedy in a suit for damages occasioned by the breach . ( 2 ) Or , pursuant to the contract , A may make an actual ...
Page 27
... refuses to deliver the articles . Nothing has been paid and there has been no memorandum . A statute is in force in reference to sales in sums of $ 50 and upwards . B can plead this statute in de- fense , for the contract of sale is all ...
... refuses to deliver the articles . Nothing has been paid and there has been no memorandum . A statute is in force in reference to sales in sums of $ 50 and upwards . B can plead this statute in de- fense , for the contract of sale is all ...
Page 28
... refuses to accept , the contract cannot be proved unless there has been a part payment or a written memorandum . It is sufficient if the delivery and acceptance is in part only . If articles of a miscel- laneous sort were all bought ...
... refuses to accept , the contract cannot be proved unless there has been a part payment or a written memorandum . It is sufficient if the delivery and acceptance is in part only . If articles of a miscel- laneous sort were all bought ...
Page 82
... case on the terms of the contract and the circumstances of the case , whether the breach of contract is so material as to justify the injured party in refusing to proceed further and sue for 82 SALES OF PERSONAL PROPERTY .
... case on the terms of the contract and the circumstances of the case , whether the breach of contract is so material as to justify the injured party in refusing to proceed further and sue for 82 SALES OF PERSONAL PROPERTY .
Page 83
... refusing to proceed further and sue for damages for breach of the entire contract , or whether the breach is ... refusal to deliver the first in- stallments justifies a belief on the part of the buyer that there is to be a breach in ...
... refusing to proceed further and sue for damages for breach of the entire contract , or whether the breach is ... refusal to deliver the first in- stallments justifies a belief on the part of the buyer that there is to be a breach in ...
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...