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A Treatise on the Law of Sale of Personal Property, Volum 1
Floyd Russell Mechem
Uten tilgangsbegrensning - 1901
accept action actual agent agreed agreement authority bailee Bank bill of lading bona fide purchaser bound breach of warranty buyer carrier caveat emptor change of possession chattel circumstances cited consideration contract of sale court courts of equity creditors damages deceit deemed defects defendant delivered delivery effect executory express warranty fact false representation fraud fraudulent held horse implied warranty insolvent intention Iowa jury liable lien Lumber Mass matter ment Minn misrepresentation notice Ohio St paid party payment performance person plaintiff purchaser purpose question ranty reasonable receive recover refusal rely remedy replevin resale rescind rescission right of stoppage rule sample sell seller ship Smith sold statement statute stipulation supra tender Tenn tion tract transit vendee vendor waived waiver Wend
Side 1478 - ... agent acting for him, of the goods or documents of title under any sale pledge or other disposition thereof to any person receiving the same in good faith and without notice of the previous sale shall have the same effect as if the person making the delivery or transfer were expressly authorized by the owner of the goods to make the same.
Side 1415 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Side 1474 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller's skill or judgment and the goods are of a description which it is in the course of the seller's business to supply (whether he be the manufacturer or not) there is an implied condition that the goods shall be reasonably fit for such purpose...
Side 1474 - 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...
Side 867 - the objection that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant.
Side 1480 - 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.
Side 1485 - Action for damages for non-acceptance of the goods. (1) Where the buyer wrongfully neglects or refuses to accept and pay for the goods the seller may maintain an action against him for damages for non-acceptance. (2) The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer's breach of contract.
Side 1484 - Where, under a contract to sell or a sale, the price is payable on a day certain, irrespective of delivery or of transfer of title, and the buyer wrongfully neglects or refuses to pay such price, the seller may maintain an action for the price, although the property in the goods has not passed, and the goods have not been appropriated to the contract.
Side 1476 - Where the seller of goods draws on the buyer for the price, and transmits the bill of exchange and bill of lading to the buyer together to secure acceptance or payment of the bill of exchange, the buyer is bound to return the bill of lading if he does not honour the bill of exchange, and if he wrongfully retains the bill of lading the property in the goods does not pass to him.