Library of American Law and Practice: Personal property. Contracts. Bailments. SalesAmerican technical society, 1919 - Law |
From inside the book
Results 1-5 of 74
Page 59
... plaintiff already has title , though in the event they cannot be returned their money value is obtained . Special as- sumpsit is an action which will lie for the recovery of damages for the breach of a contract created by express ...
... plaintiff already has title , though in the event they cannot be returned their money value is obtained . Special as- sumpsit is an action which will lie for the recovery of damages for the breach of a contract created by express ...
Page 60
... plaintiff has a personal property right in rem , absolute or qualified . Replevin is an action designed to protect the right in rem of possession merely , and lies for the recovery of the possession of any chattels taken from the plaintiff ...
... plaintiff has a personal property right in rem , absolute or qualified . Replevin is an action designed to protect the right in rem of possession merely , and lies for the recovery of the possession of any chattels taken from the plaintiff ...
Page 75
... plaintiff thereon , or the word " Passendede " in Turkish characters , and from manu- facturing or vending such watches . The decision was bot- tomed upon the ground of fraud ; but that would seem to sustain the right of the plaintiff ...
... plaintiff thereon , or the word " Passendede " in Turkish characters , and from manu- facturing or vending such watches . The decision was bot- tomed upon the ground of fraud ; but that would seem to sustain the right of the plaintiff ...
Page 76
... plaintiff sought to enjoin one who had placed upon the market an article called the " Balm of Ten Thousand Flowers . " It appeared in evi- dence in that case that the " Balm of a Thousand Flowers " was nothing but a liquid soap , and ...
... plaintiff sought to enjoin one who had placed upon the market an article called the " Balm of Ten Thousand Flowers . " It appeared in evi- dence in that case that the " Balm of a Thousand Flowers " was nothing but a liquid soap , and ...
Page 88
... plaintiff's belting , endeavoring thus to pass off his goods as the plaintiff's . It was claimed that the plaintiff endeavored to fix a secondary meaning on a plain English expression composed of ordinary words which denoted the quality ...
... plaintiff's belting , endeavoring thus to pass off his goods as the plaintiff's . It was claimed that the plaintiff endeavored to fix a secondary meaning on a plain English expression composed of ordinary words which denoted the quality ...
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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.