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acceptance accordance action actual agent agreed agreement Allen amount appears applied appropriation authority Bank bargain bill of lading breach Bros Brown Burdick's buyer chattel cited condition Conn contract contract to sell courts damages decisions defendant delivered delivery doctrine document effect engagement England English evidence existing fact give held hold implied intention interest Iron Johns land latter Lumber manufacturer Mass ment Mich Minn Miss nature Ohio St owner paid particular parties pass payment performance person plaintiff possession present provisions purchaser quantity question reasonable received retain rule satisfy sell seller shipped Smith sold specific statute stipulated supply thing third tion tract transaction transfer treated Uniform Sales Act unless vendee vendor warranty Wash
Page 345 - Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions; that is to say, the seller must be ready and willing to give possession of the goods...
Page 369 - 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...
Page 368 - ... an agreement with reference to goods which are the subject of a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages, but not to a right to reject the goods and treat the contract as repudiated.
Page 385 - ... decree direct that the contract shall be performed specifically, without giving the seller the option of retaining the goods on payment of damages. The judgment or decree may be unconditional, or upon such terms and conditions as to damages, payment of the price and otherwise, as to the court may seem just.
Page 349 - In the absence of express or implied agreement of the parties, acceptance of the goods by the buyer shall not discharge the seller from liability in damages or other legal remedy for breach of any promise or warranty in the contract to sell or the sale.
Page 389 - in good faith" within the meaning of this Act when it is in fact done honestly, whether it be done negligently or not.
Page 348 - The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or when the goods have been delivered to him, and he does any act in relation to them which is inconsistent with the ownership of the seller
Page 59 - Where there is an unconditional contract to sell specific goods, in a deliverable state, the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment, or the time of delivery, or both, be postponed.
Page 70 - ... (a) when he signifies his approval or acceptance to the seller or does any other act adopting the transaction; (b) if he does not signify his approval or acceptance to the seller but retains the goods without giving notice of rejection, then, if a time has been fixed for the return of the goods, on the expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time.