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acceptance action actual agent agreed agreement Allen apply authority Bank Barb Benjamin on Sales Brown buyer chattels circumstances Citing Clark common law condition Conn contract court creditors Cush Davis defects defendant delivered delivery effect evidence existence express fact fraud give Gray Green held husband implied implied warranty infant intention Iowa Iron Johns Johnson Jones knowledge land liable manufacturer Mass means Mechem on Sales ment Mich Mills Minn necessary negotiable notice Ohio owner paid particular parties pass payment performance person Pick plaintiff possession principle promise purchaser question reasonable receipt received rule sample seller separate Smith sold specific statute sufficient Tenn thing tion tract transfer unless vendee vendor Vroom warranty Wend wife Wood
Page 224 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller's skill or judgment, whether he be the grower or manufacturer or not, there is an implied warranty that the goods shall be reasonably fit for such purpose...
Page 282 - ... 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 650 - The measure of damages is the loss directly and naturally resulting, in the ordinary course of events, from the seller's breach of contract.
Page 636 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be 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.
Page 450 - ... had or had ability to convey to a purchaser in good faith for value, and also such title to the goods as the...
Page 808 - But the possession and enjoyment of all rights are subject to such reasonable conditions as may be deemed by the governing authority of the country essential to the safety, health, peace, good order and morals of the community.
Page 1 - A sale of goods is an agreement whereby the seller transfers the property in goods to the buyer for a consideration called the price.
Page 334 - But if, except for the form of the bill, the property would have passed to the buyer on shipment of the goods, the seller's property in the goods shall be deemed to be only for the purpose of securing performance by the buyer of his obligations under the contract.
Page 145 - ... in the absence of any express or implied warranty that the thing shall exist, the contract is not to be construed as a positive contract, but as subject to an implied condition that the parties shall be excused in case, before breach, performance becomes impossible from the perishing of the thing without default of the contractor.