Library of American Law and Practice: Personal property. Contracts. Bailments. SalesAmerican technical society, 1919 - Law |
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Page 25
... unless expressly reserved . A chattel mortgage of a growing , or planted crop , or even of a crop to be planted by one in possession of land , is valid , in that it creates a lien superior to subse- quent attachment or execution . Thus ...
... unless expressly reserved . A chattel mortgage of a growing , or planted crop , or even of a crop to be planted by one in possession of land , is valid , in that it creates a lien superior to subse- quent attachment or execution . Thus ...
Page 27
... unless fit for food . This was perhaps due to the fact that the early criminal laws of England condemned to death those guilty of even larceny , and juries were loath to convict a man of that offense in the case of a base animal unfit ...
... unless fit for food . This was perhaps due to the fact that the early criminal laws of England condemned to death those guilty of even larceny , and juries were loath to convict a man of that offense in the case of a base animal unfit ...
Page 39
... unless aban- doned . So long as the right lasts , like copyright , the owner may possess , use , and dispose of his right for the term of the patent.18 § 35. Persons in Whom the Right Resides . This is the third element of a legal right ...
... unless aban- doned . So long as the right lasts , like copyright , the owner may possess , use , and dispose of his right for the term of the patent.18 § 35. Persons in Whom the Right Resides . This is the third element of a legal right ...
Page 44
... unless a specific reward has been offered , nor does he have any remedial right to recompense of any sort unless where he has made repairs and incurred expense in preserving the same . Under the English common law the title to waifs ...
... unless a specific reward has been offered , nor does he have any remedial right to recompense of any sort unless where he has made repairs and incurred expense in preserving the same . Under the English common law the title to waifs ...
Page 47
... unless the goods are such as to be readily distinguishable , or are of equal grade , when the foundation for the principle of acquiring property by con- fusion being wanting it is not applied . § 40. Intellectual Labor . Another manner ...
... unless the goods are such as to be readily distinguishable , or are of equal grade , when the foundation for the principle of acquiring property by con- fusion being wanting it is not applied . § 40. Intellectual Labor . Another manner ...
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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.