The Law of SalesCallaghan, 1921 - 385 էջ |
From inside the book
Արդյունքներ 26–ի 1-ից 5-ը:
Էջ vi
... transit . This one legal result can be discussed as a right of the buyer of the bill of lading to receive the goods themselves , as a lack of right in the original seller to retake possession , or as a power of the original buyer to cut ...
... transit . This one legal result can be discussed as a right of the buyer of the bill of lading to receive the goods themselves , as a lack of right in the original seller to retake possession , or as a power of the original buyer to cut ...
Էջ 38
... transit , or in the hands of the express company , and could only become executed and complete by their delivery to the consignee . There was a completed executory contract of sale in New York ; but the completed sale was , or was to be ...
... transit , or in the hands of the express company , and could only become executed and complete by their delivery to the consignee . There was a completed executory contract of sale in New York ; but the completed sale was , or was to be ...
Էջ 59
... . s . ) 383 , an oral stipula- tion that buyer should assume no risk of loss in transit was held not to rebut presumption that title passed on shipment . have persuasive effect upon a court reference must be made TRANSFER OF TITLE 59.
... . s . ) 383 , an oral stipula- tion that buyer should assume no risk of loss in transit was held not to rebut presumption that title passed on shipment . have persuasive effect upon a court reference must be made TRANSFER OF TITLE 59.
Էջ 131
... transit , the seller is allowed to retake possession if it develops that the buyer is apparently insolvent . This right is called " stoppage in transitu . " Like the " seller's lien " the term presupposes that title has passed to the ...
... transit , the seller is allowed to retake possession if it develops that the buyer is apparently insolvent . This right is called " stoppage in transitu . " Like the " seller's lien " the term presupposes that title has passed to the ...
Էջ 134
... transit to the buyer . The exception on which the right is founded does not go to the extent of permitting repos- session after the journey is ended . This point was raised in Conyers v . Ennis.123 In that case it appeared that one ...
... transit to the buyer . The exception on which the right is founded does not go to the extent of permitting repos- session after the journey is ended . This point was raised in Conyers v . Ennis.123 In that case it appeared that one ...
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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 existence express fact 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.