The Law of Contracts, Volume 2Baker, Voorhis & Company, 1920 - Contracts |
From inside the book
Results 1-5 of 100
Page 1139
... Failure of valuation without fault of either party ... How far the valuation is conclusive upon the parties . Failure of valuation owing to the fault of either party . Promises to pay when able . Substantial performance . Relief from ...
... Failure of valuation without fault of either party ... How far the valuation is conclusive upon the parties . Failure of valuation owing to the fault of either party . Promises to pay when able . Substantial performance . Relief from ...
Page 1166
... failed to come to an agreement but because they have agreed that under the facts which exist there shall be no liability . Thus when an insurance policy describes the insured property as a dwelling house , when in fact the lower storey ...
... failed to come to an agreement but because they have agreed that under the facts which exist there shall be no liability . Thus when an insurance policy describes the insured property as a dwelling house , when in fact the lower storey ...
Page 1268
... failed to disclose his principal.68 Where a bill of lading made goods deliverable on payment of freight of " 5/8 of a penny per pound , with 5 % primage , and average accustomed , " a usage by which three months ' discount was deducted ...
... failed to disclose his principal.68 Where a bill of lading made goods deliverable on payment of freight of " 5/8 of a penny per pound , with 5 % primage , and average accustomed , " a usage by which three months ' discount was deducted ...
Page 1280
... failure of consideration . If the insurer's promise were in law a nullity , because in view of the condition on which it was dependent no possible liability could arise upon it , fraud of the insured would be unnecessary to establish a ...
... failure of consideration . If the insurer's promise were in law a nullity , because in view of the condition on which it was dependent no possible liability could arise upon it , fraud of the insured would be unnecessary to establish a ...
Page 1291
... failed so to state in clear terms . These promises implied in fact , as they may be called , are numerous . A notable example is that of a bond . " Until well after Lord Coke's time the only consequence of breaking the condition of a ...
... failed so to state in clear terms . These promises implied in fact , as they may be called , are numerous . A notable example is that of a bond . " Until well after Lord Coke's time the only consequence of breaking the condition of a ...
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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...