The Law of SalesCallaghan, 1921 - 385 էջ |
From inside the book
Արդյունքներ 26–ի 1-ից 5-ը:
Էջ 12
... refusal to supply papers to plaintiff . The contract held that Bennett might revoke the priv- ilege at any time but that so long as it did exist it was capable of " sale " and its ownership had been transferred to plaintiff so as to ...
... refusal to supply papers to plaintiff . The contract held that Bennett might revoke the priv- ilege at any time but that so long as it did exist it was capable of " sale " and its ownership had been transferred to plaintiff so as to ...
Էջ 64
... 'Neal , 73 Mich . 582 , " The refusal to recog- nize the right of the co - tenant * See Uniform Sales Act , Section 6 , ( 1 ) , ( 2 ) , 76 , “ Fungible goods . " -Intent of Parties . - It thus appears that the 64 THE LAW OF SALES.
... 'Neal , 73 Mich . 582 , " The refusal to recog- nize the right of the co - tenant * See Uniform Sales Act , Section 6 , ( 1 ) , ( 2 ) , 76 , “ Fungible goods . " -Intent of Parties . - It thus appears that the 64 THE LAW OF SALES.
Էջ 88
... refusal as he could rea- sonably be expected to re - sell it . There is very much loose statement in the decisions , but this rule is the basis on which the courts strive to ascertain the damages fairly.2 Of course , if the seller would ...
... refusal as he could rea- sonably be expected to re - sell it . There is very much loose statement in the decisions , but this rule is the basis on which the courts strive to ascertain the damages fairly.2 Of course , if the seller would ...
Էջ 92
... refusal puts him on notice that a resale may be made , Wrigley v . Cornelius , 162 Ill . 92 ; Ullman v . Kent , 60 I11 . 271 ; McDonald Cotton Co. v . Mayo , Miss . - 38 So. 372 . But other cases require notice of an intention to resell ...
... refusal puts him on notice that a resale may be made , Wrigley v . Cornelius , 162 Ill . 92 ; Ullman v . Kent , 60 I11 . 271 ; McDonald Cotton Co. v . Mayo , Miss . - 38 So. 372 . But other cases require notice of an intention to resell ...
Էջ 93
... refusal to perform his promise . One position of the courts appears to be that no debt on the buyer's part is implied by law in return for the seller's mere promise without other quid pro quo ; that the seller does not become the owner ...
... refusal to perform his promise . One position of the courts appears to be that no debt on the buyer's part is implied by law in return for the seller's mere promise without other quid pro quo ; that the seller does not become the owner ...
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Common terms and phrases
acceptance action actual agent agreed agreement authority bailee Bank bill of lading breach of contract Bros buyer buyer's agent carrier cash on delivery chattel common law Conn contract of sale contract to sell court held courts of equity damages decisions defendant delivered delivery dictum document of title equity express fact fungible implied warranty insolvent intent to pass jury liability Lumber Mass matter ment Minn Nat'l negotiable oral contract owner ownership particular parties pass title passing of title payment plaintiff posses presumption promise purchase price question reason receipt recover refusal replevin resale rescind rescission retake possession rule Section seller seller's right shipment sion Smith sold specific Statute of Frauds stoppage in transitu thing third person tion title has passed title passed tract transaction transit Uniform Sales Act vendee vendor
Սիրված հատվածներ
Էջ 296 - 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.
Էջ 332 - Person" includes a corporation or partnership or two or more persons having a joint or common interest. To "purchase" includes to take as mortgagee or as pledgee.
Էջ 298 - When in pursuance of the contract the seller delivers the goods to the buyer or to a carrier or other bailee (whether named by the buyer or not) for the purpose of transmission to the buyer, and does not reserve the right of disposal, he is deemed to have unconditionally appropriated the goods to the contract.
Էջ 326 - Goods. — the buyer, and the seller wrongfully neglects or refuses to deliver the goods, the buyer may maintain an action against the seller for damages for non-delivery. (2.) The measure of damages is the loss directly and naturally resulting in the ordinary course of events, from the seller's breach of contract.
Էջ 307 - ... had or had ability to convey to a purchaser in good faith for value, and also such title to the goods as the...
Էջ 320 - ... (5) When goods are delivered to a ship chartered by the buyer it is a question depending on the circumstances of the particular case whether they are in the possession of the master as a carrier or as agent to the buyer.
Էջ 295 - If the seller is a dealer in goods of that kind, there is an implied warranty that the goods shall be free from any defect rendering them unmerchantable which would not be apparent on reasonable examination of the sample.
Էջ 309 - If goods are delivered to a bailee by the owner or by a person whose act in conveying the title to them to a purchaser...
Էջ 310 - ... or in satisfying the claim by means thereof as is allowed at law or in equity in regard to property which cannot readily be attached or levied upon by ordinary legal process.
Էջ 332 - The goods which form the subject of a contract to sell may be either existing goods, owned or possessed by the seller, or goods to be manufactured or acquired by the seller after the making of the contract to sell, in this act called "future goods.