What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
acceptance according action actually agreed agreement autem authorities belong bought bound buyer chose Civil Law Code Civil condition contract contract of sale damages defects delivered delivery demand effect eius English enim entitled esse esset etiam eviction ex empto existence express fact fixed fraud fundum give given IDEM implied interest l'acheteur land latter liable libro mihi nature nomine obligation offer owner paid parties passes payment performance person posse possession potest Pothier pretio pretium principle purchase money purchaser's qu'il quae quam question quia quid quis quod reason recover relating rescission risk rule sell slave sold sunt tamen thing third unless vendeur venditio venditor venditorem vendor vente warranty whole
Page 136 - Where there is a contract to sell unascertained or future goods by description, and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer, or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer. Such assent may be expressed or implied, and may be given either before or after the appropriation is made.
Page 152 - Subject to the provisions of this act, when the buyer of goods is or becomes insolvent, the unpaid seller who has parted with the possession of the goods has the right of stopping them in transitu, that is to say, he may resume possession of the goods at any time while they are in transit, and he will then become entitled to the same rights in regard to the goods as he would have had if he had never parted with the possession.
Page 152 - ... (b) If, after the arrival of the goods at the appointed destination, the carrier or other bailee acknowledges to the buyer or his agent that he holds the goods on his behalf and continues in possession of them as bailee for the buyer or his agent ; and it is immaterial that a further destination for the goods may have been indicated by the buyer...
Page 136 - ... (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. What is a reasonable time is a question of fact.
Page 149 - ... where the property has passed to the buyer. UNPAID SELLER'S LIEN Sec. 54. When Right of Lien May Be Exercised. (1) Subject to the provisions of this act, the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment or tender of the price in the following cases, namely: (a) Where the goods have been sold without any stipulation as to credit; (b) Where the goods have been sold on credit, but the term of credit has expired; (c) Where the buyer becomes...
Page 169 - En matière de vente de denrées et effets mobiliers, la résolution de la vente aura lieu de plein droit et sans sommation au profit du vendeur, après l'expiration du terme convenu pour le retirement.
Page 150 - Where the buyer becomes insolvent. (2) The seller may exercise his right of lien notwithstanding that he is in possession of the goods as agent or bailee for the buyer.
Page 205 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller's skill or judgment, and the goods are of a description which it is in the course of the seller's business to supply...
Page 136 - The first is that, 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 to be bound to accept them, or, as it is sometimes worded, into a "deliverable" state, the performance of those things shall (in the absence of circumstances indicating a contrary intention) be taken to be a condition precedent to the vesting of the property.