The Elements of the Law of Sale of Personal Property |
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Page 38
... delivered to the buyer , yet if by the contract he is bound to do any- thing as a condition , either precedent or concurrent , upon which the passing of the property depends , the property will not pass until the condition is performed ...
... delivered to the buyer , yet if by the contract he is bound to do any- thing as a condition , either precedent or concurrent , upon which the passing of the property depends , the property will not pass until the condition is performed ...
Page 40
... delivered . ( 1 ) Contrary to the English rule laid down in the lead- ing case of Clarke v . Spence ( 4 A. & E. 448 ) , that the prop- erty , in such instance , passes pro rata as the payments are made , the prevailing rule , in the ...
... delivered . ( 1 ) Contrary to the English rule laid down in the lead- ing case of Clarke v . Spence ( 4 A. & E. 448 ) , that the prop- erty , in such instance , passes pro rata as the payments are made , the prevailing rule , in the ...
Page 44
... delivered to the prospective . vendee as a bailee , then third persons can acquire no title from him . In cases of sale , however , conditional upon payment , etc. , it seems that innocent sub - vendees obtain title . Stadtfeld v ...
... delivered to the prospective . vendee as a bailee , then third persons can acquire no title from him . In cases of sale , however , conditional upon payment , etc. , it seems that innocent sub - vendees obtain title . Stadtfeld v ...
Page 47
... deliver- ing them to the carrier , and this act , unless the jus dis- ponendi of the goods has been reserved ( see § 97 ) , is suffi- cient , generally , to pass the title . Philadelphia R. R. Co. v . Wireman , 88 Pa . St. 264 . Krulder ...
... deliver- ing them to the carrier , and this act , unless the jus dis- ponendi of the goods has been reserved ( see § 97 ) , is suffi- cient , generally , to pass the title . Philadelphia R. R. Co. v . Wireman , 88 Pa . St. 264 . Krulder ...
Page 49
... delivered to the vendee , and the portion desired was to be taken out by him . Some few of the states , also , are not very positive in the position . which they have taken , and , therefore , it is important that in each jurisdiction ...
... delivered to the vendee , and the portion desired was to be taken out by him . Some few of the states , also , are not very positive in the position . which they have taken , and , therefore , it is important that in each jurisdiction ...
Other editions - View all
The Elements of the Law of Sale of Personal Property William L (William Livesey) Burdick No preview available - 2021 |
The Elements of the Law of Sale of Personal Property (Classic Reprint) William Livesey Burdick No preview available - 2018 |
Common terms and phrases
acceptance action actual agent agreed agreement apply bailee or custodier Bank bill of lading breach of warranty buyer carrier caveat emptor chattel circumstances common carrier common law conditional sales Conn connection contract of sale course courts creditors defeat delivered doctrine documents of title evidence executory express warranty fact held hold implied warranty intention Iowa Lanfear Law of Sales lien livery loss Mass measure of damages merchandise Minn mistake Monte Allegre Ohio St owner paid parties pass title Patent Defects payment performance possession principles purchaser question ranty reasonable receipt recover refusal remedies rescind right of lien rule sales of personal sell Smith sold specific Statute of Frauds stipulation stoppage in transitu subsequent symbolic delivery tender thereof tion title passes tract transfer transit unless unpaid seller valid vendee vendee's vendor void voidable Wend
Popular passages
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 151 - That no contract for the sale of any goods, wares and merchandise, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
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.