What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
The Elements of the Law of Sale of Personal Property (Classic Reprint)
William Livesey Burdick
No preview available - 2018
The Elements of the Law of Sale of Personal Property
William L 1860-1946 Burdick
No preview available - 2016
acceptance action actual agent agreed agreement apply appropriated arises authority Bank bill of lading breach buyer called carrier caused charges circumstances condition Conn connection consideration contract contract of sale course courts creditors damages delivered delivery depends doctrine duty effect election English evidence example executed executory existence express fact fraud give given held hold illegal implied warranty important includes intention Iowa kind lien loss Mass matter means Minn mistake nature necessary notice original owner paid particular parties pass payment performance person possession prevent principle purchaser question reasonable receipt receive recover referred refusal remedies rule sell seller Smith sold specific statute subsequent sufficient symbolic tender thing third tion tract transfer transit unless valid vendee vendor void
Page 155 - ... 2. Where the goods are bought by description from a seller who deals in goods of that description, whether he be the grower or manufacturer or not, there is an implied warranty that the goods shall be of merchantable quality.
Page 157 - If he does not signify his approval or acceptance to the seller, but retains the goods without giving notice of rejection, then, if a time has been fixed for the return of the goods, on the expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time.
Page 156 - Rule 1 — 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 154 - Subject to the provisions of this Act and of any statute in that behalf, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract to sell or a sale, except as follows...
Page 171 - Where there is an available market for the goods in question, the measure of damages is, in the absence of special circumstances, showing proximate damage of a greater amount, the difference between the contract price and the market or current price at the time or times when the goods ought to have been accepted. or, if no time was fixed for acceptance, then at the time of the refusal to accept.
Page 162 - Demand or tender of delivery may be treated as ineffectual unless made at a reasonable hour. What is a reasonable hour is a question of fact. (5) Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state must be borne by the seller.
Page 162 - 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 with the contract and reject the rest, or he may reject the whole.
Page 153 - Where a contract of sale is not severable, and the buyer has accepted the goods or part thereof, or where the contract is for specific goods, the property in which has passed to the buyer, the breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty and not as a ground for rejecting the goods and treating the contract as repudiated, unless there be a term of the contract express or implied to that effect.
Page 172 - Action for damages for non-acceptance of the goods. (1) Where the buyer wrongfully neglects or refuses to accept and pay for the goods the seller may maintain an action against him for damages for non-acceptance. (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.