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acceptance action actual agent agreed agreement amount appears appropriated arrived assignment authority Bank bargain bill of lading bought bound breach broker buyer cargo carrier circumstances claim complete condition considered consigned contract contract of sale Court Court held damages decided decision defendant delivered delivery difference documents draft effect entitled evidence express fact give given ground hands held hold insolvent intention interest judgment jury L. J. Ex land lien London Lord meaning memorandum notice obtained opinion owner paid particular parties passed payment performance person plaintiff possession present principal proved purchaser quantity question reasonable receipt received recover refused remained risk rule sample seems sell seller sent ship signed Smith sold specific stop stoppage sufficient taken thing tons transfer transitu unless vendor warranty whole writing
Page 591 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller's skill or judgment, and the goods are of a description which it is in the course of the seller's business to supply (whether he be the manufacturer or not), there is an implied condition that the goods shall be reasonably fit for such purpose...
Page 550 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself...
Page 2 - ... be actually made, procured or provided or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Page 597 - The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or when the goods have been delivered to him, and he does any act in relation to them which is inconsistent with the ownership of the seller, or when, after the lapse of a reasonable time he retains the goods without intimating to the seller that he has rejected them.
Page 465 - ... agent acting for him, of the goods or documents of title, under any sale, pledge, or other disposition thereof...
Page 130 - A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price.
Page 550 - ... the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Page 181 - 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 204 - ... where one by his words or conduct wilfully causes another to* believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 604 - means a person who sells or agrees to sell goods ; « specific goods » means goods identified and agreed upon at the time a contract of sale is made; « warranty » means an agreement with reference to goods which are the subject of a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages, but not to a right to reject the goods and treat the contract as repudiated.