 | Alured Nathaniel Myddelton Wilshere, John Indermaur, Alured Myddelton Wilshere - 1922 - 742 sider
...Act, which provides that " Where any right, duty, or liability would arise under a contract of sale, it may be negatived or varied by express agreement...by the course of dealing between the parties, or by usage, if the usage be such as to bind both parties to the contract " (o). SECTION 2.—Lien. Pledges... | |
 | Nova Scotia - 1923 - 1384 sider
...implications tf 55. Where any right, duty or liability would arise rebutted?' '""' under a contract of sale by implication of law, it may be negatived or...by the course of dealing between the parties, or by usage, if the usage be such as to bind both parties to the contract. 1910, c. 1, s. 55. umlfatSlstion... | |
 | 1924 - 1068 sider
...Section 152 of the Personal Property Law (as added by Laws 1911, c. 571) provides that: "Where any right, duty or liability would arise under a contract...dealing between the parties, or by custom, if the custom bp such as to bind both parties to the contract or the sale." That section of the statute is in my... | |
 | John Arthur Slater - 1924 - 640 sider
...implication may be rebutted; for, by the Sale of Goods Act, where any right arises under a contract of sale by implication of law, it may be negatived or...by the course of dealing between the parties, or by usage, if the usage is such as to bind both parties to the contract. STORAGE. (Fr. Magasinage, Ger.... | |
 | Frederic Campbell Woodward - 1925 - 884 sider
...failed. PART VI Interpretation Section 71.— [Variation of Implied Obligations.] Where any ri-ht, duty or liability would arise under a contract to...to bind both parties to the contract or the sale. Section 72. — [Rights may be Enforced by Action.] Where any right, duty or liability is declared... | |
 | 1925 - 1106 sider
...any right, duty, or liability would arise under a contract to sell or a sale by implication of laic, it may be negatived, or varied by express agreement,...such as to bind both parties to the contract or the gale." Whether the usage here alleged was reasonable, uniform, wellsettled, and either known to the... | |
 | 1922 - 1096 sider
...Goods Act. Williston on Sales, § 213. In fact, section 152 of that act expressly provides: "Where any right, duty or liability would arise under a contract...may be negatived, or varied by express agreement. * * • " [3] As the contract in question contains the clear, express, and unequivocal provision that... | |
 | Great Britain - 1894 - 540 sider
...SUPPLEMENTARY. 55. Where any right, duty, or liability would arise under a con- Exclusion ot tract of sale by implication of law, it may be negatived or...by the course of dealing between the parties, or by usage, if the usage be such as to bind both parties to the contract. 56. Where, by this Act, any reference... | |
 | Ernest Wilson Huffcut, Edwin Hamlin Woodruff - 1925 - 872 sider
...duty, or liability would arise under a contract to sell or a sale by implication nf law, it may he negatived, or varied by express agreement, or by the...dealing between the parties, or by custom, if the cmtom be such ax to bin-d both parties to the contract or the sale'." See Wigmore, Evidence, $ 2440... | |
 | 1928 - 1054 sider
...a contract to sell by implication of law, it may be negatived or varied by express agreement, or by course of dealing between the parties, or by custom,...custom be such as to bind both parties to the contract of sale. And as Williston on Sales (2d Ed.) § 246, p. 495, says, in referring to this statutory provision... | |
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Where any right, duty or liability would arise under a contract to sell or a sale by implication of law, it may be negatived or varied by express agreement or by the course of dealing between the parties, or by custom, if the custom be such as to bind... 
