Modern American Law: A Systematic and Comprehensive Commentary on the Fundamental Principles of American Law and Procedure, Accompanied by Leading Illustrative Cases and Legal Forms, Volume 4Eugene Allen Gilmore, William Charles Wermuth Blackstone institute, 1917 - Law |
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Common terms and phrases
acquired action agent agreement arises attorney bailee bailment bailor bank behalf bill of lading binding bound broker buyer charge chattel cipal claim client common carrier common law liens consent courts courts of equity creditors damages debt defendant delivered delivery deposit duty enforce entitled equitable lien erty execution exercise finder gift gift causa mortis gift inter vivos give given grain gratuitous guest Harvard Law Review held hold horse implied innkeeper interest labor land law of agency LEADING ILLUSTRATIVE liable LL.B loss maritime liens Mass matter ment mortgages negligence obligation owner ownership payment performed personal property plaintiff posses possession possessor principal prop Property 2nd purchase ratify reasonable recover retain rule seal sell seller sion statutes statutory liens tenant thing third party third person tion tort transaction transfer trespass trover trust undisclosed principal
Popular passages
Page 393 - 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, or when, after the lapse of a reasonable time he retains the goods without intimating to the seller that he has rejected them.
Page 422 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Page 426 - ... (2) The provisions of this section apply to every such contract notwithstanding that the goods may be intended to be delivered at some future time or may not at the time of such contract be actually made, procured or provided or fit or ready for delivery or some act may be requisite for the making or completing thereof or rendering the same fit for delivery.
Page 815 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith or some other person thereunto...
Page 296 - Where there is a contract for the sale of 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 404 - 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...
Page 349 - That where an order bill has been issued for goods no seller's lien or right of stoppage in transitu...
Page 353 - Made.] (1) Where the goods are of a perishable nature, or where the seller expressly reserves the right of resale in case the buyer should make default, or where the buyer has been in default in the payment of the price an unreasonable time, an unpaid seller having a right of lien or having stopped the goods in transitu may resell the goods.
Page 390 - ... a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract. 2. Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound, on request, to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract.
Page 319 - Where delivery of the goods has been made to the buyer, or to a bailee for the buyer, in pursuance of the contract and the property in the goods has been retained by the seller merely to secure performance by the buyer of his obligations under the contract, the goods are at the buyer's risk from the time of such delivery.