Bailments, Carriers and Sales: With Questions, Problems and Forms and Text of Uniform Sales Act and Unifrom Bills of Lading Act, Book 3 |
From inside the book
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Page 19
... sold goods to be returned to A. This is a bailment and not a sale and in the event of bankruptcy , A can recover the goods from the bankrupt or his trustee , and is not confined to mere proof of his debt against the insolvent estate.5 ...
... sold goods to be returned to A. This is a bailment and not a sale and in the event of bankruptcy , A can recover the goods from the bankrupt or his trustee , and is not confined to mere proof of his debt against the insolvent estate.5 ...
Page 20
... sold by K or not . This arrangement was set forth in a contract by which K was called a " special selling factor " and in which it was recited that the title remained in A. But the court held that by the sub- stance of the agreement K ...
... sold by K or not . This arrangement was set forth in a contract by which K was called a " special selling factor " and in which it was recited that the title remained in A. But the court held that by the sub- stance of the agreement K ...
Page 25
... sold , but the creditor need not make use of his se- curity but may sue upon his debt . If upon the sale , the security does not bring a suffi- cient amount to satisfy the debt , the balance is still ow- ing by the debtor . The sale ...
... sold , but the creditor need not make use of his se- curity but may sue upon his debt . If upon the sale , the security does not bring a suffi- cient amount to satisfy the debt , the balance is still ow- ing by the debtor . The sale ...
Page 43
... sold is called the price . It need not be money . It may be expressly fixed by the contract , or left to implication to pay a rea- sonable price . " Price " is the term indicating the consideration for the sale . It may be money or not ...
... sold is called the price . It need not be money . It may be expressly fixed by the contract , or left to implication to pay a rea- sonable price . " Price " is the term indicating the consideration for the sale . It may be money or not ...
Page 48
... sold for a less sum than a certain value , this value , dif- fering in different states , as shown above . Third : That a sale is enforceable notwithstanding there is no writing ; ( a ) If below the amount named ; ( b ) If a part ...
... sold for a less sum than a certain value , this value , dif- fering in different states , as shown above . Third : That a sale is enforceable notwithstanding there is no writing ; ( a ) If below the amount named ; ( b ) If a part ...
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Other editions - View all
Bailments, Carriers and Sales: With Questions, Problems and Forms ..., Book 3 Alfred William Bays No preview available - 2015 |
Bailments, Carriers and Sales: With Questions, Problems and Forms, and Text ... Alfred W. Bays No preview available - 2016 |
Common terms and phrases
acceptor acquires agent agreed amount ascertained authority bailee bailment bank bearer bill of exchange bill of lading blank breach of warranty carrier CHAPTER charge Chattels claim common carrier conditional sale consideration consignee contract of sale contract to sell court court of equity creditors damages debt debtor default defense delivery discharged document of title drawee drawer due course enforceable entitled express warranty fact faith guaranty holder in due honor implied warranty indorsement instru intention issued lien loss manufacturer ment mortgage negotiable bill negotiable document negotiable instrument negotiable paper non-negotiable obligation otherwise overdue owner paid payable payee perform possession presentment for payment promissory note purpose reasonable received refuses remedy resale rescind rule Section sold specified person statute of frauds surety therein thereof tion title has passed title passes transferor transit Uniform Sales Act unless unpaid seller
Popular passages
Page 132 - A contract for the sale of any goods of the value of ten pounds or upwards shall not be enforceable by action unless the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the...
Page 218 - A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.
Page 208 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title Of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
Page 202 - In order, however, that any such instrument when completed may be enforced against any person who became a party thereto prior to its completion, it must be filled up strictly in accordance with the authority given and within a reasonable time. But if any such instrument, after completion, is negotiated to a holder in due course it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up strictly in accordance with the authoritjgiven and within a reasonable...
Page 219 - ... is a general acceptance, unless it expressly states that the bill is to be paid there only and not elsewhere.
Page 136 - 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 167 - Second. Such as shall be mortgaged to it in good faith by way of security for debts previously contracted.
Page 138 - 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 162 - ... (b) Accept or keep the goods and maintain an action against the seller for damages for the breach of warranty...
Page 133 - Where the parties purport to sell specific goods, and the goods without...