Library of American Law and Practice: Personal property. Contracts. Bailments. SalesAmerican technical society, 1919 - Law |
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Results 1-5 of 86
Page 70
... right to use his own name . This rather peculiar condition will be con- Croft v . Day , 7 Beav . 84 . sidered further on in this article in connection with the 70 8 TRADE - MARKS AND TRADE - NAMES Right of inspection after receipt.
... right to use his own name . This rather peculiar condition will be con- Croft v . Day , 7 Beav . 84 . sidered further on in this article in connection with the 70 8 TRADE - MARKS AND TRADE - NAMES Right of inspection after receipt.
Page 99
... conditions not included in the offer will not create a binding contract . Thus , where A offered to sell B a horse ... condition . In the same way an offer to sell a specified quantity of goods cannot be made bind- ing upon the offeror ...
... conditions not included in the offer will not create a binding contract . Thus , where A offered to sell B a horse ... condition . In the same way an offer to sell a specified quantity of goods cannot be made bind- ing upon the offeror ...
Page 101
... condition that notice be given with due diligence , so that the guarantor may be on his guard to protect himself as against the principal . When we pass from offers of a promise for an act to offers of a promise for a promise , we reach ...
... condition that notice be given with due diligence , so that the guarantor may be on his guard to protect himself as against the principal . When we pass from offers of a promise for an act to offers of a promise for a promise , we reach ...
Page 102
ful business men frequently make such a condition a part of every offer . The offeror , in the absence of express directions point- ing out some other mode of acceptance , impliedly author- izes acceptance by post whenever the post is ...
ful business men frequently make such a condition a part of every offer . The offeror , in the absence of express directions point- ing out some other mode of acceptance , impliedly author- izes acceptance by post whenever the post is ...
Page 126
... condition precedent to the counter promise being enforceable and , of course , the failure to execute the con- sideration causes the counter promise to fall . Thus , there would be no consideration . A partial failure of considera- tion ...
... condition precedent to the counter promise being enforceable and , of course , the failure to execute the con- sideration causes the counter promise to fall . Thus , there would be no consideration . A partial failure of considera- tion ...
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Common terms and phrases
acceptance acquired action agreement applied assignment assumpsit bailee bailment bailor binding breach buyer claim common carrier common law consideration contract of sale corporeal court of equity creditor damages debt debtor defendant delivered delivery detinue disaffirm duty emblements enforce entitled erty executory express fact false representation flour fraudulent gift gift causa mortis guilty held horse illegal implied incorporeal chattels infant infringement innkeeper intention legal right liability lien manufacturer Mass ment merely misrepresentation mistake necessary negligence objects of ownership obligation offer offeree offeror owner particular payment performance personal property plaintiff possession promise to pay promisor property right protect purchaser qualified property quasi-contracts reasonable received recover remedy replevin rights in rem rule seal sell seller sideration sold Statute of Frauds thing third person tion tort tract trade trade-mark transfer trespass unless valid vendee vendor void voidable warranty word writing
Popular passages
Page 433 - In any case not provided for in this act, the rules of law and equity, including the law merchant...
Page 416 - ... 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 432 - The measure of damages is the loss directly and naturally resulting, in the ordinary course of events, from the seller's breach of contract.
Page 422 - ... agent acting for him, of the goods or documents of title, under any sale, pledge, or other disposition thereof, to any person receiving the same in good faith and without notice of...
Page 424 - 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 431 - Where, under a contract of sale, the price is payable on a day certain irrespective of delivery, and the buyer wrongfully neglects or refuses to pay such price, the seller may maintain an action for the price, although the property in the goods has not passed, and the goods have not been appropriated to the contract.
Page 418 - 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 421 - Unless otherwise agreed, the goods remain at the seller's risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer, the goods are at the buyer's risk whether delivery has been made or not.
Page 426 - 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 145 - But every one has a right to select and determine with whom he will contract, and cannot have another person thrust upon him without his consent. In the familiar phrase of Lord Denman, '• you have the right to the benefit you anticipate from the character, credit, and substance of the party with whom you contract.