Handbook of the Law of Sales |
From inside the book
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Page 2
... seller agrees to transfer the prop- erty in goods to the buyer for a price , which the buy- er pays or agrees to pay.2 3. GOODS . Goods include all chattels personal other than things in action and money . 4. PROPERTY . Property means ...
... seller agrees to transfer the prop- erty in goods to the buyer for a price , which the buy- er pays or agrees to pay.2 3. GOODS . Goods include all chattels personal other than things in action and money . 4. PROPERTY . Property means ...
Page 3
... seller may sue for the contract price , but where an agreement to buy is broken , the seller's remedy is an action for unliquidated damages.11 If an agreement to sell be broken by the seller , the buyer has only a personal remedy ...
... seller may sue for the contract price , but where an agreement to buy is broken , the seller's remedy is an action for unliquidated damages.11 If an agreement to sell be broken by the seller , the buyer has only a personal remedy ...
Page 54
... seller states the price , and the buyer understands him to name a different price , and accepts the offer upon such misunderstanding , there is no contract.260 So , where the price named by the seller for shingles was $ 3.25 , which the ...
... seller states the price , and the buyer understands him to name a different price , and accepts the offer upon such misunderstanding , there is no contract.260 So , where the price named by the seller for shingles was $ 3.25 , which the ...
Page 93
... seller's clerk that he would be responsi- ble only for the part received . " SAME - ACTUAL RECEIPT . 30. Actual receipt is the taking possession of the goods by the buyer with the seller's consent . It implies such a transfer of ...
... seller's clerk that he would be responsi- ble only for the part received . " SAME - ACTUAL RECEIPT . 30. Actual receipt is the taking possession of the goods by the buyer with the seller's consent . It implies such a transfer of ...
Page 95
... Seller . If the goods are in the possession of the seller at the time of the contract , an actual receipt takes place if the parties agree that the seller shall cease to hold as owner , and shall assume the character of bailee or agent ...
... Seller . If the goods are in the possession of the seller at the time of the contract , an actual receipt takes place if the parties agree that the seller shall cease to hold as owner , and shall assume the character of bailee or agent ...
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Other editions - View all
Common terms and phrases
acceptance Act 6th action Adol agent agreed agreement Allen Mass attornment bailee bailment Bank Barn Benj bill of lading bona fide purchaser breach of warranty buyer carrier chattel Clark common law condition Conn Cont contract of sale contract to sell court creditors Cush defendant delivered delivery document of title Exch Gray Mass held implied warranty indorsement insolvent intention Iowa Law J. Q. B. lien Lumber Mees Metc Minn Moore N. J. Law N. Y. Supp negotiable Ohio St owner parties payment performance plaintiff possession Post property passes Q. B. Div Railroad Railroad Co reasonable receipt recover rescind right of stoppage rule Sales Act Section Smith sold statute of frauds stoppage in transitu supra third person tion tract transfer unless unpaid seller voidable
Popular passages
Page 73 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith...
Page 421 - Act, where goods are sold by a person who is not the owner thereof, and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the seller's authority to sell. (2) Nothing in this Act, however, shall affect: (a) The provisions of any factors...
Page 389 - ... description and goods of that description and in a deliverable state are unconditionally appropriated to the contract either by the seller with the assent of the buyer or by the buyer with the assent of the seller the property in the goods thereupon passes to the buyer. Such assent may be expressed or implied and may be given either before or after the appropriation is made...
Page 419 - Where there is an unconditional contract for the sale of specific goods, in a deliverable state, the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment or the time of delivery, or both, be postponed.
Page 291 - Unless otherwise authorized by the buyer, the seller must make such contract with the carrier on behalf of the buyer as may be reasonable, having regard to the nature of the goods and the other circumstances of the case.
Page 252 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose...
Page 301 - When the seller is ready and willing to deliver the goods, and requests the buyer to take delivery, and the buyer does not within a reasonable time after such request take delivery of the goods, he is liable to the seller for any loss occasioned by his neglect or refusal to take delivery, and also for a reasonable charge for the care and custody of the goods.
Page 357 - Now, if the special circumstances under which the contract was actually made were communicated by the plaintiffs to the defendants, and thus known to both parties, the damages resulting from the breach of such a contract which they would reasonably contemplate would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Page 417 - 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 to sell or a sale, except as follows...
Page 389 - ... (a) when he signifies his approval or acceptance to the seller, or does any other act adopting the transaction ; (b) if he does not signify his approval or acceptance to the seller, but retains the goods without giving notice of rejection, then, if a time has been fixed for the return of the goods, on the expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time. What is a reasonable time is a question of fact.