A Treatise on the Effect of the Contract of Sale on the Legal Rights of Property and Possession in Goods, Wares and Merchandise |
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Page 11
... difference between growing turnips , which are emblements , ( a ) Emmerson v . Heelis , 2 Taunt . 38 . ( b ) Parker v . Staniland , 11 East , 365 . and hops and growing timber , both of which were CH . I. ] 11 FORMALITIES OF THE CONTRACT .
... difference between growing turnips , which are emblements , ( a ) Emmerson v . Heelis , 2 Taunt . 38 . ( b ) Parker v . Staniland , 11 East , 365 . and hops and growing timber , both of which were CH . I. ] 11 FORMALITIES OF THE CONTRACT .
Page 26
... difference whether this is by a change in the person of the holder of the goods or merely in his character . So far the question of whether there has been a receipt of part of the goods by the buyer or not is identically the same as ...
... difference whether this is by a change in the person of the holder of the goods or merely in his character . So far the question of whether there has been a receipt of part of the goods by the buyer or not is identically the same as ...
Page 29
... difference whether they " stood at livery in the vendor's stable , or whether they had " been taken away and put in some other stable . The plain- " tiff possessed them from that time not as owner ( seller ? ) " of the horses , but as ...
... difference whether they " stood at livery in the vendor's stable , or whether they had " been taken away and put in some other stable . The plain- " tiff possessed them from that time not as owner ( seller ? ) " of the horses , but as ...
Page 31
... difference between " acceptance " and " receipt . " The action was assumpsit for goods sold and delivered , and the facts were that the defendant went into the plaintiff's shop and pur- chased some cigars , which were packed in boxes ...
... difference between " acceptance " and " receipt . " The action was assumpsit for goods sold and delivered , and the facts were that the defendant went into the plaintiff's shop and pur- chased some cigars , which were packed in boxes ...
Page 33
... difference between the decisions is rather on the practical application of the law than its nature ; Lord Ellenborough seems to have thought that the sellers had abandoned their lien under circumstances which in Baldey v . Parker ( c ) ...
... difference between the decisions is rather on the practical application of the law than its nature ; Lord Ellenborough seems to have thought that the sellers had abandoned their lien under circumstances which in Baldey v . Parker ( c ) ...
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Other editions - View all
A Treatise on the Effect of the Contract of Sale on the Legal Rights of ... Colin Blackburn No preview available - 2017 |
Common terms and phrases
action agent agreed agreement amount appears arrived assignment authority bailee Bank bankrupt bargain bill of exchange bill of lading bought bound breach of warranty broker buyer cargo carrier chattel claim condition precedent consigned consignee consignor contract of sale cotton Court held creditor damages decided defendant defendant's delivered delivery order drafts entitled equitable evidence Ex parte Waring fact free on board holders House of Lords indorsed insolvent intention invoice judgment jury King's Bench L. J. Ch L. J. Ex law merchant liable lien Liverpool London Lord Ellenborough memorandum ment merchant opinion owner paid parties passed payment person plaintiff pledge possession principal purchaser quantity question railway receipt received recover remained risk rule sample seems sell seller's right sent ship Smith sold notes specific Statute of Frauds stoppage in transitu tendered thing sold tons transfer trover vendee vendor warehouse wheat
Popular passages
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.