Acts of the Legislature of the Province of Manitoba: Passed in the Session Held in the ... Year of the Reign of ..., Volumer 1-2Queen's Printer, 1896 |
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00 Carried forward 00 Clerk 00 Incidentals 19th March 26 Brought forward Act to amend amended by adding amended by striking application appointed Assented to 19th assessments authorized bailee bond Brandon breach of warranty buyer by-law certificate Chapter 100 City of Winnipeg common seal Company contract of sale Corporation Council County Court Court of Queen's debentures deemed delivery directors District Registrar Duncan Steele election enacts as follows expenses Grand Lodge H Assented hereby amended incorporated JAMES COLEBROOKE PATTERSON John Higgins LAND TITLES OFFICE Legislative Assembly liabilities Lieutenant-Governor-in-Council line thereof MAJESTY ment of Act mortgages Municipal Act paid paragraph payable payment person Portage la Prairie Postage powers Province of Manitoba purpose Queen's Bench Railway repealed Revised Statutes Rural Municipality Salaries Savings Association Section sell Society sold Stationery Statutes of Manitoba Subordinate Lodge substituting therefor therefor the words tion transfer trustees unpaid seller
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Side 50 - there is an implied condition that the goods shall correspond with the description; and if the sale be by sample, as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description. 14. Subject to the provisions of this Act
Side 52 - transferred to the buyer at such time as the parties to the contract intend it to be transferred. (2.) For the purpose of ascertaining the intention of the parties regard shall be had to the terms of the contract, the conduct of the parties, and the circumstances of
Side 50 - contract are such as to show a different intention, there is— (1) An implied condition on the part of the seller that in the case of a sale he has a right to sell the goods, and that in the case of an agreement to sell he will have a right to
Side 66 - any bill of lading, dock warrant, warehouse keeper's certificate, and warrant or order for the delivery of goods, and any other document used in the ordinary course of business as proof of the possession or control of goods, or authorizing or purporting to authorize, either by endorsement or by delivery, the possessor of the document to transfer or receive goods thereby represented
Side 54 - When the seller of goods has a voidable title thereto, but his title has not been avoided at the time of the sale, the buyer acquires a good title to the goods, provided he buys them in good faith and without notice of the seller's defect of title. • n
Side 67 - (3.) A person is deemed to be insolvent within the meaning of this Act who either has ceased to pay his debts in the ordinary course of business, or cannot pay his debts as they become due. (4.) Goods are in a " deliverable state
Side 59 - limited by this Act. • (2.) Where the property in goods has not passed to the buyer, the unpaid seller has, in addition to his other remedies, a right of withholding delivery similar to and coextensive with his rights of lien and stoppage in transitu where the property has passed to the buyer. UNPAID SELLER'S LIEN.
Side 59 - (2.) In this part of this Act the term " seller " includes any person who is in the position of a seller, as, for instance, an agent of the seller to whom the bill of lading has been endorsed, or a consignor or agent who has himself paid, or is directly responsible for, the price.
Side 54 - any enactment enabling the apparent owner of goods to dispose of them as if he were the true owner thereof; (6) The validity of any contract of sale under any special common law or statutory power of sale or under the order of a court of competent jurisdiction. sale under
Side 64 - buyer or the seller to recover interest or special damages in any case where by law interest or special damages may be recoverable, or to recover money paid where the consideration for the payment of it has failed. PART VI. SUPPLEMENTARY. 52. Where any right, duty, or liability would arise