The Law of Contracts, Volume 2Baker, Voorhis & Company, 1920 - Contracts |
From inside the book
Results 1-5 of 73
Page 1142
... Instalment contracts . 791 Civil law .... 792 A condition may involve a penalty or forfeiture . 793 Excuse for non - performance of a condition requiring a certificate of an ar- chitect or engineer .... 794 Distinction between ...
... Instalment contracts . 791 Civil law .... 792 A condition may involve a penalty or forfeiture . 793 Excuse for non - performance of a condition requiring a certificate of an ar- chitect or engineer .... 794 Distinction between ...
Page 1144
... instalment . 868 Right temporarily to withold performance distinguished from right to refuse absolutely ... 869 Effect of part performance of a divisible contract . 870 Whether the party first in default can ever recover . 871 Effect of ...
... instalment . 868 Right temporarily to withold performance distinguished from right to refuse absolutely ... 869 Effect of part performance of a divisible contract . 870 Whether the party first in default can ever recover . 871 Effect of ...
Page 1264
... instalments B. & E. 1004. " In a certain sense every material incident which is added to a written contract varies it , makes it different from what it appeared to be , and so far is inconsistent with it . If by the side of the written ...
... instalments B. & E. 1004. " In a certain sense every material incident which is added to a written contract varies it , makes it different from what it appeared to be , and so far is inconsistent with it . If by the side of the written ...
Page 1328
... installments of goods in response to the buyer's orders after the buyer's right has expired by lapse of time cannot refuse without an additional breach by the buyer to fill orders for all the goods for which the contract provided.74 An ...
... installments of goods in response to the buyer's orders after the buyer's right has expired by lapse of time cannot refuse without an additional breach by the buyer to fill orders for all the goods for which the contract provided.74 An ...
Page 1355
... instalments , however , an insufficient quantity may be accepted on the assumption that the remainder will be delivered later . In such a case the buyer if still able to do so may return what he has received and refuse to pay for them ...
... instalments , however , an insufficient quantity may be accepted on the assumption that the remainder will be delivered later . In such a case the buyer if still able to do so may return what he has received and refuse to pay for them ...
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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.