American Law and Procedure, Volume 3 |
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Contents
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Other editions - View all
Common terms and phrases
acceptance accused action actual agent agreed agreement amount appears apply arrest assault attempt authority bill of lading breach breaking buyer called carrier cause charge circumstances committed common law condition consent considered constitute contract contract to sell convicted court crime criminal danger death defendant delivered delivery direct doubt entered evidence exist express fact false felony follows fraud give given guilty held implied indictment injury intent issue judge jury kill larceny liable matter means ment murder nature necessary notice obtaining offense offer officer owner particular parties passed payment permitted person plea possession practice present principle prisoner proof prosecution proved punished purchaser question reasonable received remains result rule Sales Act seller sold statute sufficient taken taking thing tion trial United unless warrant witness writing wrong
Popular passages
Page 321 - Any affirmation of fact or any promise by the seller relating to the goods is an express warranty if the natural tendency of such affirmation or promise is to induce the buyer to purchase the goods, and if the buyer purchases the goods relying thereon. No affirmation of the value of the goods, nor any statement purporting to be a statement of the seller's opinion only shall be construed as a warranty.
Page 286 - 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 payment...
Page 363 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 404 - Where there is an available market for the goods in question the measure of damages is prima facie to be ascertained by the difference between the contract price and the market or current price at the time or times when the goods ought to have been accepted, or, if no time was fixed for acceptance, then at the time of the refusal to accept.
Page 375 - Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject the whole.
Page 319 - Where there is a contract to sell or a sale of goods by description, there is an implied warranty that the goods shall correspond with the description and if the contract or sale be by sample, as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.
Page 287 - ... ready for delivery or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery ; but if the goods are to be manufactured by the seller especially for the buyer and are not suitable for sale to others in the ordinary course of the seller's business the provisions of this section shall not apply.
Page 41 - Can a man excuse his practices to the contrary because of his religious belief? To permit this would be to make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself. Government could exist only in name under such circumstances.
Page 344 - ... the goods to the buyer, or to a carrier or other bailee (whether named by the buyer or not) for the purpose of transmission to or holding for the buyer, he is presumed \to have unconditionally appropriated the goods to the contract, except in the cases provided for in the next rule and in section 20.
Page 384 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Bibliographic information
| Title | American Law and Procedure, Volume 3 American Law and Procedure, James Parker Hall |
| Editors | James Parker Hall, James De Witt Andrews |
| Contributor | La Salle Extension University. Department of Law |
| Publisher | La Salle Extension University, 1910 |
| Export Citation | BiBTeX EndNote RefMan |