The Law of Contracts, Volume 2Baker, Voorhis & Company, 1920 - Contracts |
From inside the book
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Page 1164
... circumstances in which it was used would fairly be understood to mean , and this presumption is a matter of law and not to be rebutted by proof that he intended something more or different which he made no attempt to express and which ...
... circumstances in which it was used would fairly be understood to mean , and this presumption is a matter of law and not to be rebutted by proof that he intended something more or different which he made no attempt to express and which ...
Page 1167
... circumstances as surrounded its making . The question is obscured by the somewhat inexact expressions often found in cases whose decision did not require a careful discrimination between an individual standard , a local standard , and a ...
... circumstances as surrounded its making . The question is obscured by the somewhat inexact expressions often found in cases whose decision did not require a careful discrimination between an individual standard , a local standard , and a ...
Page 1170
... circumstances the court conceives the language ought locally to bear . This meaning conceivably may be different from that which either party justifiably attached to the words . 19 The second case involves the question whether in a ...
... circumstances the court conceives the language ought locally to bear . This meaning conceivably may be different from that which either party justifiably attached to the words . 19 The second case involves the question whether in a ...
Page 1171
... circumstances , of the words or symbols agreed upon by the parties . This test may be applied without exception . § 608. The local standard is preferable to the normal stand- ard . Though the obligation of a contractor depends upon his ...
... circumstances , of the words or symbols agreed upon by the parties . This test may be applied without exception . § 608. The local standard is preferable to the normal stand- ard . Though the obligation of a contractor depends upon his ...
Page 1173
... circumstances to be ambiguous or perhaps clearly to mean something different from the normal or ordinary meaning of their language.25 There are , however , certain secondary rules for the interpretation or construction of a contract ...
... circumstances to be ambiguous or perhaps clearly to mean something different from the normal or ordinary meaning of their language.25 There are , however , certain secondary rules for the interpretation or construction of a contract ...
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Other editions - View all
Common terms and phrases
acceptance accord and satisfaction action agreed agreement applied assent Bank bargain bilateral contract breach of condition buyer circumstances cited Clydebank condition precedent Conn consideration construction construed court courts of equity covenant decisions default defective defendant delivery dition effect election enforce equity estoppel excuse express fact failure forfeiture held implied infra instalment intention Iowa language liability liquidated damages Lumber Mass meaning ment Minn mutual N. J. Eq N. Y. App N. Y. Misc negotiable instrument obligation paid parol evidence parol evidence rule parties payment penalty performance plaintiff premium principle promisor promissory estoppel purchaser question reason recover refusal rule seller Singer Mfg Smith statute stipulation supra surrender tender tion tract usage waived waiver warranty words writing written contract
Popular passages
Page 1806 - 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 2048 - Negotiation Defeats Vendor's Lien. Where a negotiable receipt has been issued for goods, no seller's lien or right of stoppage in transitu...
Page 1785 - 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 1170 - 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 1822 - 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 2043 - 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 1822 - ... (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 1344 - In the absence of express or implied agreement of the parties, acceptance of the goods by the buyer shall not discharge the seller from liability in damages or other legal remedy for breach of any promise or warranty in the contract to sell or the sale. But, if, after acceptance of the goods, the buyer fails to give notice to the seller of the breach of any promise or warranty within a reasonable time after the buyer knows, or ought to know of such breach, the seller shall not be liable therefor.
Page 2061 - An instrument which contains an order or promise to do 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...
Page 1145 - When the terms of an agreement have been intended in a different sense by the different parties to it, that sense is to prevail against either party in which he supposed the other understood it...