The Law of Contracts, Volume 2Baker, Voorhis & Company, 1920 - Contracts |
From inside the book
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Page 1136
... performance of a contract to sell goods does not neces- sarily indicate release of liability for defective performance . 700 If goods are offered as full satisfaction they must be taken as such if taken at all .... 701 Acceptance of ...
... performance of a contract to sell goods does not neces- sarily indicate release of liability for defective performance . 700 If goods are offered as full satisfaction they must be taken as such if taken at all .... 701 Acceptance of ...
Page 1139
... performance . Relief from conditions is not wholly a matter of construction . Conditions are enforced more strictly if no forfeiture is caused . Impossibility does not excuse breach of condition precedent .. Impossibility of performing ...
... performance . Relief from conditions is not wholly a matter of construction . Conditions are enforced more strictly if no forfeiture is caused . Impossibility does not excuse breach of condition precedent .. Impossibility of performing ...
Page 1140
... performance on one side . Substantial performance ... Benefit derived by the defendant from the plaintiff's part performance .. Breach in limine ... of performance ... Meaning of time being of the essence . 841 842 843 844 Distinction ...
... performance on one side . Substantial performance ... Benefit derived by the defendant from the plaintiff's part performance .. Breach in limine ... of performance ... Meaning of time being of the essence . 841 842 843 844 Distinction ...
Page 1141
... performance .. 899 Application for dissolution must be made to the court . 900 901 902 Part performance and immaterial breach . 903 Waiver , and right to damages .. 904 Prospective non - performance . 905 Dissolution takes effect by ...
... performance .. 899 Application for dissolution must be made to the court . 900 901 902 Part performance and immaterial breach . 903 Waiver , and right to damages .. 904 Prospective non - performance . 905 Dissolution takes effect by ...
Page 1281
... performance from the promisee in return for his own , he may attempt to secure his object either by requiring a counter promise of such performance , or by qualifying his own promise by making it conditional on the desired performance ...
... performance from the promisee in return for his own , he may attempt to secure his object either by requiring a counter promise of such performance , or by qualifying his own promise by making it conditional on the desired performance ...
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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...