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" That when the identical thing delivered is to be restored, though in an altered form, the contract is one of bailment, and the title to the property is not changed; but when there is no obligation to restore the specific article, and the receiver is at... "
Reports of Cases in Law and Equity in the Supreme Court of the State of New York - Side 98
av Oliver Lorenzo Barbour, New York (State). Supreme Court - 1856
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McMaster's Commercial Decisions Affecting the Banker and Merchant ..., Volum 6

James Smith McMaster - 1903 - 1004 sider
...Justice Breese, said : " When the identical thing delivered is to be restored, though in an altered form, the contract is one of bailment, and the title to...specific article, and the receiver is at liberty to return another thing of equal value, he becomes a debtor to make the return, and the title to the property...
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Reports of Cases Determined in the Appellate Courts of Illinois, Volum 103

Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, Basil Jones, James Max Henderson, Ray Smith - 1903 - 726 sider
...they had agreed upon. " When the identical thing is to be restored in the same or an altered form, the contract is one of bailment, and the title to...is not changed; but when there is no obligation to return the specific article and the receiver is at liberty to return another thing of equal value,...
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Judicial and Statutory Definitions of Words and Phrases, Volum 7

1905 - 984 sider
...and sale is that, when the identical article Is to be returned in the same or in some altered form, the contract Is one of bailment, and the title to the property is not changed; on the other hand, when there 1з no obligation to return the specific article, and the receiver is...
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The Encyclopedic Digest of Virginia and West Virginia Reports ..., Volum 12

Thomas Johnson Michie - 1907 - 1062 sider
...and a sale is that when the dentical thing delivered is to be returned, though in an altered form, the contract is one of bailment, and the title to...is not changed. But when there is no obligation to return the specific article either in kind or identity, and the receiver is at liberty to return another...
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Torts. Damages. Domestic relations

Albert Hutchinson Putney - 1908 - 774 sider
...quoted distinction is that made by CJ Bronson, in the case of Mallory vs. Willis5 in which he says: "When the identical thing delivered, although in an...specific article, and the receiver is at liberty to return another thing of equal value, he becomes a debtor to make the return, and the title in the property...
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Reports of Cases Determined in the Appellate Courts of Illinois, Volum 169

Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, James Christopher Cahill, Basil Jones, James Max Henderson, Ray Smith - 1912 - 714 sider
...in altered form. ^Vhen the identical thing delivered is to be restored, though in an altered form, the contract is one of bailment, and the title to...changed; but when there is no obligation to rest-ore the speci6c thing, and the receiver is at liberty to return another thing of equal value, he becomes a...
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Illustrative Cases on the Law of Sales

Roger William Cooley - 1913 - 304 sider
...Bronson, CJ, in Mallory v. Willis, 4 NY 76, 85, as follows : "When the identical thing delivered, though in an altered form, is to be restored, the contract...bailment, and the title to the property is not changed." Foster v. Pettibone, 7 NY 435, 57 Am. Dec. 530. There are, however, other prin^ ciples applicable to...
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Bouvier's Law Dictionary and Concise Encyclopedia, Volum 1

John Bouvier, Francis Rawle - 1914 - 1210 sider
...[1902] 2 К. В. 38. When the identical article is to be returned in the same or in some altered form, the contract is one of bailment and the title to the property is not changed; but when there is uo obligation to return the specific article and the receiver is at liberty to return another thing...
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Ruling Case Law: As Developed and Established by the Decisions and ..., Volum 3

William Mark McKinney, Burdett Alberto Rich - 1914 - 1424 sider
...agree in holding that when the identical article is to be redclivered. in the same or an altered form, the contract is one of bailment, and the title to the property is not changed.4 But when there is no obligation to return the specific article, and the bailee is at liberty...
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Law Students' Review and Quiz Book: In the Form of Questions which Supply ...

Russell Whitman - 1916 - 746 sider
...bailment, not a sale. A joint enterprise was here involved. When the identical thing delivered, though in an altered form, is to be restored, the contract...bailment, and the title to the property is not changed. The owners of the produce delivered retained their title to the property until the contract had been...
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