The Law of Sales of Personal Property

Front Cover
Little, Brown,, 1913 - Sales - 407 pages
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

Upon whose Materials is Labor expended Georgia and Vermont
23
The Essential Ingredient Test in Maine and New Hamp shire
24
Ultimate Object of Contract must be the Transfer of Title to Goods
25
GOODS OR AN INTEREST IN LAND
26
Ice
27
Soil Products
28
Natural Soil Products
29
Other Views
30
Fixtures in England
31
Trade Fixtures in the United States
32
Contract for Sale of Land and Goods
33
A Sale differs from a Mortgage
34
Application of Foregoing Rules
35
Grain in Public Warehouses
36
THE PRICE
37
Sale or Barter
38
If Price is not stipulated
39
Reasonable Price
40
PRICE AND PART PAYMENT UNDER THE STATUTE OF FRAUDS
41
Uncertainty of Aggregate Sum
42
Time of Part Payment
43
THE FORM OF THE CONTRACT
44
Memorandum not a Written Contract
45
CHAPTER II
53
CHAPTER III
64
Destruction of Goods before weighing or measuring
68
CHAPTER IV
90
130 What Act amounts to a Receipt
94
If Goods are on the Land of a Third Party
95
Actual Receipt involves Mutual Assent
96
Receipt of Document of Title instead of the Goods
97
Receipt and Acceptance under Contract of Sale with Option to resell or repurchase
98
CHAPTER V
99
Conditions and Warranties
100
Warranty should be used in a Single Sense
101
The Nature of Promissory Conditions
102
Damages for its Breach when its Effect as a Condition is waived
103
Distinction between Promissory Conditions and War ranties
104
B PROVISIONS WHICH ARE MERE CONDITIONS
105
Sale of Goods to be appraised
106
Sale of Goods to be approved by a Third Person
107
Effect of Third Partys Decision
108
Judicial Construction of these Contracts
109
PROMISSORY CONDITIONS BINDING ON THE SELLER
110
This Engagement is not collateral to the Sale Contract
111
It is treated as Collateral by some Courts
112
Engagement for Quiet Possession
113
Damages for Breach of Engagement as to Title
114
Damages for Breach of Engagement as to Quiet Posses sion and Encumbrances
115
WARRANTIES
145
210 211 Sales by Description
148
Peculiar Views
149
May include Patent Defects
150
The Warranty need not be the Sole Inducement to the Purchase
151
BUYERS RIGHTS UPON BREACH OF WARRANTY
162
Right to rescind
163
Breach of Warranty as a Tort
164
Failure to distinguish Warranty from Condition
165
This Fundamental Distinction discarded by a Few Courts
166
7 SELLERS DUTY TO DELIVER POSSESSION
167
Formal Tender not necessary
168
The Place of giving Possession
169
Cumbrous Articles and Portable Goods
170
When they designate a Locality leaving Exact Spot to be fixed
171
Time of giving Possession
172
Reasonable Hour
173
Strict Performance may be waived
174
Delivery by Tradition of
187
BUYERS RIGHTS AGAINST THIRD PARTIES
196
SPECIFIC PERFORMANCE BY THE SELLER MAY BE DECREED
236
11 DAMAGES FOR BREACH OF WARRANTY
246
CHAPTER VI
252
2 DAMAGES FOR NONACCEPTANCE
256
368 369 370 Premature Repudiation by Purchaser
257
Rules for the Measure of Damages
259
Seller may sue as soon as Buyer repudiates
260
Horst v Roehm stated
261
a Buyers Breach not amounting to Repudiation
262
BUYERS DUTY TO TAKE AWAY GOODS
263
The Unpaid Seller
264
Lien accorded to Quasi Vendors
265
Seller in Possession
266
Lien waived Sale on Credit
267
a The Lien Ceases
268
Effect on Lien of Transfers of Buyers Interest
269
How this Right differs from that of Lien
270
The Unpaid Seller
271
Factors who are not Unpaid Vendors
272
Buyer Insolvent when Goods despatched
273
Interception of Transit by Attornment
275
Interception by Sole Act of Buyer
276
Interception by Transferee of Buyer
277
Transferee of Bill of Lading
278
Bill of Lading must be transferred for Value
279
When Bill of Lading is transferred as Security
280
Absolute Transfer of Bill of Lading with Subpurchase Price unpaid
281
Transit continues until the Goods come to Buyers Pos session
283
Deposit of Goods in Bonded Warehouse
284
a Carriers Wrongful Refusal to deliver
285
RESCISSION OF THE CONTRACT
291
APPENDIX I
297
THE FACTORS SCOTLAND Act 1890 53 54 VICT C
304
HISTORICAL SKETCH OF THE FACTORS ACTS IN THE UNITED STATES
311
APPENDIX IV
321
THE SALE OF GOODS Act
365
232
379
INDEX
391
Copyright

Other editions - View all

Common terms and phrases

Popular passages

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 336 - ... his agent, or to the order of the seller or his agent, the seller thereby reserves the property in 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.

Bibliographic information