A Treatise on the Canadian Law of Conditional Sales of Chattels, and of Chattel Liens: With References to the Statutes of the Provinces of Ontario, Nova Scotia, British Columbia, Manitoba, Quebec, New Brunswick, Prince Edward Island and the North-west Territories
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A Treatise on the Canadian Law of Conditional Sales of Chattels, and of ...
William James Tremeear
No preview available - 2018
actual agent agreed agreement amount apply arrears assignment authority bailee bailment bailor balance Bank become bill of sale boarder boarding buyer carrier CHAPTER charges chattels claim conditional sale consent contract copy County Court creditors default delivered delivery distrained distress district documents effect enacted entitled execution expenses express Factors filed given giving guest held hire horse innkeeper intended interest keep keeper land landlord lease liable lien lodger logs Manitoba manufacturer ment months mortgage notice Ontario otherwise owner paid parties passed payment person pledge possession premises Province purchaser reasonable receipt received registration remain removed rent respect seized seizure sell seller signed sold stable Stat statute statutory taken tenant thereof thereto thing timber transfer unless unpaid vendee vendor writing
Page 130 - ... sale, pledge, or other disposition thereof, or under any agreement for sale, pledge, or other disposition thereof, to any person receiving the same in good faith, and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer were expressly authorized by the owner of the goods to make the same.
Page 121 - Act, where goods are sold by a person who is not the owner thereof, and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the seller's authority to sell. (2) Nothing in this Act, however, shall affect (a) The provisions of any factors...
Page 159 - ... agent acting for him, of the goods or documents of title, under any sale, pledge, or other disposition thereof...
Page 56 - ... where, from the nature of the contract, it appears that the parties must from the beginning have known that it could not be fulfilled unless when the time for the fulfilment of the contract arrived some particular specified thing continued to exist, so that, when entering into the contract, they must have contemplated such continuing existence as the foundation of what was to be done...
Page 199 - 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; c.
Page 362 - Unless otherwise agreed, the goods remain at the seller's risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer the goods are at the buyer's risk whether delivery has been made or not...
Page 162 - 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 166 - Where there is a contract for the sale of specific goods, or where goods are subsequently appropriated to the contract, the seller may, by the terms of the contract or appropriation, reserve the right of disposal of the goods until certain conditions are fulfilled.
Page 196 - ... (4) If part delivery of the goods has been made to the buyer, or his agent in that behalf, the remainder of the goods may be stopped in transitu, unless such part delivery has been made under such circumstances as to show an agreement with the buyer to give up possession of the whole of the goods.
Page 177 - Where the goods are of a perishable nature, or where the unpaid seller gives notice to the buyer of his intention to re-sell, and the buyer does not within a reasonable time pay or tender the price, the unpaid seller may re-sell the goods and recover from the original buyer damages for any loss occasioned by his breach of contract.