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accept according action actual affirmed agent agreed agreement alleged amount appeal applied authority Bank bill breach brought buyer carrier charge claim Company condition consideration contract court damages debt decision defects defendant delivered delivery demand directed effect entitled error evidence exception execution existence express fact finding firm follows frauds furnish further give given ground held hold horse implied insolvency inspection instruction intention interest judge judgment jury latter lien lumber machine manufactured Mass ment mortgage notice opinion owner paid parties pass payment performance person plaintiff possession present principles purchase question reason receipt received recover refused remain rule sell seller shipped sold specific statute sufficient Supreme Court taken tender thing tion transfer trial unless vendee vendor verdict warranty
Page 267 - The damages must be such as may fairly be supposed to have entered into the contemplation of the parties when they made the contract; that is, must be such as might naturally be expected to follow its violation; and they must be certain, both in their nature and in respect to the cause from which they proceed.
Page 34 - But if a vendor pr mortgagor agrees to sell or mortgage property, real or personal, of which he is not possessed at the time, and he receives the consideration for the contract, and afterwards becomes possessed of property answering the description in the contract, there is no doubt that a court of equity would compel him to perform the contract, and that the contract would, in equity, transfer the beneficial interest to the mortgagee or purchaser immediately on the property being acquired.
Page 52 - Every contract for the sale of any goods, chattels, or things in action, for the price of fifty dollars or more, shall be void, unless, First.
Page 167 - May and wholesale prices of many leading commodities advanced, particularly in the latter part of April and the early part of May.
Page 64 - ... the evidence is such as to warrant that conclusion, the question is usually one of fact for the jury.
Page 62 - This action is for goods admitted to have been sold and delivered by the plaintiff to the defendant, and the question arises, as has been explained, on demurrer to the third defense.
Page 247 - At least this was a question of fact which should have been submitted to the jury...
Page 56 - ... growing timber trees. Upon a demurrer to the bill, it was dismissed by the court. There was, and could be, no objection urged against the relief sought, growing out of any indefiniteness as to the terms of the contract, or as to its subject-matter.
Page 189 - But if the seller has possession of the article, and he sells it as his own, and not as agent for another, and for a fair price, he is understood to warrant the title.