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" 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... "
Library of American Law and Practice: Personal property. Contracts ... - Page 431
1919
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Acts of the Parliament of South Australia

South Australia - Law - 1896 - 230 pages
...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,...goods have not been appropriated to the contract. 14 The Sale of Goods Act— 1895. 49. (1) Where the buyer wrongfully neglects or refuses to PABT Taccept...
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Report of the ... Annual Meeting of the American Bar Association, Volume 46

American Bar Association - Bar associations - 1921 - 1066 pages
...sale, the price is payable on a day certain, irrespective of delivery or of transfer of title, and the buyer wrongfully neglects or refuses to pay such price,...not been appropriated to the contract. But it shall he a defense to such an action that the seller at any time hefore judgment in such action has manifested...
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Atlantic Reporter, Volume 84

Law reports, digests, etc - 1913 - 1140 pages
...wrongfully neglects to pay the price for goods the seller may maintain an action, although the property has not passed and the goods have not been appropriated to the contract, but that it shall be a defense to show that the seller has manifested an inability on his part to perform...
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Harvard Law Review, Volume 20

Electronic journals - 1907 - 728 pages
...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,...goods have not been appropriated to the contract" There can be no doubt of the correctness of the first provision of the foregoing section; namely, that...
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The New York Supplement, Volume 176

Law reports, digests, etc - 1919 - 1076 pages
...delivery or of transfer of title." The case is not within the terms of subdivision 3, which permits a suit for the price "although the property in the goods has not passed," for it is not alleged that the goods could not readily be resold for a reasonable price, and that the...
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Pump Court: The Temple Newspaper and Review, Volume 9

1889 - 202 pages
...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...goods have not been appropriated to the contract. . . bfi.-Damages for non-acceptance.— (1.) Subject to the f oregoing provisions of this Act, when...
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The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1

Sales - 1892 - 312 pages
...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,...goods have not been appropriated to the contract. LI. Damages for non-acceptance. — (1.) Where the buyer wrongfully neglects or refuses to accept and...
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The Sale of Goods Act, 1893: With Notes

Frank Newbolt - Sales - 1894 - 204 pages
...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,...goods have not been appropriated to the contract. payable on a day certain irrespective of delivery. — This special term takes such a case out of the...
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A Commentary on the Sale of Goods Act, 1893: With Illustrative Cases and ...

Walter Charles Alan Ker - Commercial law - 1894 - 436 pages
...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,...goods have not been appropriated to the contract. S. 49 (2). Although the general rule is, as stated in sub-s. 1 , supra, that the property in the goods...
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Notes and Commentaries on the Sale of Goods Act 1893 (56 & 57 Vict. Ch. 71 ...

Richard Brown - Sales - 1895 - 448 pages
...a contract of sale, (a) the price is payable on a day certain irrespective of delivery, (/) and the buyer wrongfully neglects or refuses to pay such price,...goods have not been appropriated to the contract.^ (3.) Nothing in this section shall prejudice the right of the seller in Scotland to recover interest...
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