A Treatise on the Law of Personal Property, Volum 2Little, Brown & Company, 1896 |
Innhold
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Vanlige uttrykk og setninger
acceptance actual agent Allen appears applied bailment Bank bargain Benj bill bill of lading bona fide breach buyer caveat emptor chattel circumstances claim common law condition precedent confusion Conn consideration contract of sale courts creditors Cush damages death decisions declaration of trust delivered delivery doctrine donee donee's donor effect enforced English equity executed express warranty fact favor fraudulent gift causâ mortis gift inter vivos give Gray held implied warranty instance intermixture Iowa Jones Kent latter lien Lord Mass materials memorandum ment Moore mutual intention N. J. Eq notwithstanding Ohio St one's original ownership payment Penn performance personal property possession presumption principle Prop purchaser receipt remedies render Roman law rule SECTION sell seller Smith sold specific chattels Statute of Frauds stipulation Story Sales subject-matter supra thing third party tion transaction transfer
Populære avsnitt
Side 689 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice.
Side 560 - It does not deny that it is binding on those whom, on the face of it, it purports to bind; but shows that it also binds another, by reason that the act of the agent, in signing the agreement, in pursuance of his authority, is in law the act of the principal.
Side 463 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Side 369 - The buyer in such a case has the opportunity of exercising his judgment upon the matter; and if the result of the inspection be unsatisfactory, or if he distrusts his own judgment he may if he chooses require a warranty. In such a case, it is not an implied term of the contract of sale that the goods are of any particular quality or are merchantable.
Side 401 - From the authorities in our law, to which may be added the opinion of the late Lord Chief Justice TIXDAL in Ormrod v. Huth (3), it would seem that there is no implied warranty of title on the sale of goods ; and that, if there be no fraud, a vendor is not liable for a bad title, unless there is an express warranty or an equivalent to it by declarations...
Side 239 - Where by the agreement the vendor is to do anything to the goods, for the purpose of putting them into that state in which the purchaser is...
Side 346 - A decisive test is whether the vendor assumes to assert a fact of which the buyer is ignorant, or merely states an opinion or judgment upon a matter of which the vendor has no special knowledge, and on which the buyer may be expected also to have an opinion, and to exercise his judgment. In the former case there is a warranty, in the latter, not.
Side 655 - ... where there has been an innocent misrepresentation or misapprehension, it does not authorise a rescission unless it is such as to show that there is a complete difference in substance between what was supposed to be and what was taken, so as to constitute a failure of consideration.
Side 463 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
Side 474 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...