The Law of Contracts, Volume 2Baker, Voorhis & Company, 1920 - Contracts |
From inside the book
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Page 1171
... according to a local standard , when , if the normal standard were applied , a different meaning would be obtained ? The early law seems generally to have forbidden the appli- cation of a local or particular standard under these circum ...
... according to a local standard , when , if the normal standard were applied , a different meaning would be obtained ? The early law seems generally to have forbidden the appli- cation of a local or particular standard under these circum ...
Page 1175
... according to the normal standard , or even according to the local standard , nevertheless indicates the intent by the general tenor and purpose of the contract if taken in connection with surrounding circumstances . Cases which fall ...
... according to the normal standard , or even according to the local standard , nevertheless indicates the intent by the general tenor and purpose of the contract if taken in connection with surrounding circumstances . Cases which fall ...
Page 1177
... according to the under- standing and intent of the parties to be performed in a way different from that expressed in the contract itself . Walker v . Manning , 6 Iowa , 519. " In Letts - Parker Grocer Co. v . Mar- shall , 232 Mass . 504 ...
... according to the under- standing and intent of the parties to be performed in a way different from that expressed in the contract itself . Walker v . Manning , 6 Iowa , 519. " In Letts - Parker Grocer Co. v . Mar- shall , 232 Mass . 504 ...
Page 1183
... according to words defined merely by a mutual standard . The principle is often expressed in the statement that direct evidence of intention is inadmissible . But the rule is not one of evidence but of substantive law . If actual ...
... according to words defined merely by a mutual standard . The principle is often expressed in the statement that direct evidence of intention is inadmissible . But the rule is not one of evidence but of substantive law . If actual ...
Page 1187
... According to ordinary principle , then , the later policies must be held to have been entered into upon the basis of those decisions and customs . If so , the rules determined by those decisions and customs are part of the contract ...
... According to ordinary principle , then , the later policies must be held to have been entered into upon the basis of those decisions and customs . If so , the rules determined by those decisions and customs are part of the contract ...
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Other editions - View all
Common terms and phrases
acceptance accord and satisfaction action agreed agreement ance applicable assent Bank bargain bilateral contract breach of condition breach of contract buyer cited common law condition precedent Conn construed court courts of equity covenant damages decisions default defective defendant delivered delivery dition effect election enforce equity excuse express fact forfeiture formance held implied infra instalment intention Iowa justify liability liquidated damages Lumber Mass meaning ment Minn mutual N. Y. App N. Y. Misc non-performance obligation paid parol evidence parol evidence rule party payment performance plaintiff premium principle promise to pay promisor promissory estoppel purchaser question reason recover refusal rescind rule seller Singer Mfg Smith stipulation subsequent supra surrender tender tion tract unless usage vendor waived waiver warranty words written contract
Popular passages
Page 1802 - Any affirmation of fact or any promise by the seller relating to the goods is an express warranty if the natural tendency of such affirmation or promise is to induce the buyer to purchase the goods, and if the buyer purchases the goods relying thereon. No affirmation of the value of the goods, nor any statement purporting to be a statement of the seller's opinion only shall be construed as a warranty.
Page 2046 - Does not specify the value given, or that any value has been given therefor; or 3. Does not specify the place where it is drawn or the place where it is payable; or 4. Bears a seal; or 5. Designates a particular kind of current money in which payment is to be made.
Page 1633 - Where there is a contract to sell goods to be delivered by stated instalments, which are to be separately paid for, and the seller makes defective deliveries in respect of one or more...
Page 1781 - Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions ; that is to say, the seller must be ready and willing to give possession of the goods...
Page 2053 - But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him is conclusively presumed.
Page 1176 - Hall, that in construing wills, and indeed statutes, and all written instruments, the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity and inconsistency, but no further.
Page 1816 - 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 of sale...
Page 2027 - That if goods are delivered to a carrier by the owner or by a person whose act in conveying the title to them to a purchaser...
Page 2082 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were nonnegotiable. But a holder who derives his title through a holder in due course...
Page 2045 - ... any act in addition to the payment of money is not negotiable. But the negotiable character of an instrument otherwise negotiable is not affected by a provision which — 1. Authorizes the sale of collateral securities in case the instrument be not paid at maturity; or 2.