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acceptance according action actual agent agreed agreement amount appears applied attached authority Bank bill of lading breach brought buyer carrier charge chattels circumstances claim condition consideration considered contract course court damages decision defendant defendant's delivered delivery difference directed effect entered entitled evidence express fact fraud give given ground hands held hold horse implied intention interest judge judgment jury letter lien manufacturer Mass meaning necessary negotiable notice obtained offer opinion owner paid particular parties pass payment performance person plaintiff possession present principle provisions purchaser question reason receipt received recover refused remained rule sell seller sent ship signed sold statute sufficient taken thing tion transfer trial unless vendee vendor verdict warranty whole writing York
Page 795 - Subject to the provisions of this Act and of any statute in that behalf, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract to sell or a sale, except as follows...
Page 389 - 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 797 - Where there is a contract to sell 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 821 - A person to whom a bill has been transferred but not negotiated acquires thereby as against the transferor, the title to the goods, subject to the terms of any agreement with the transferor.
Page 173 - ... bill, the subsequent negotiation thereof by that person under any sale, pledge, or other disposition thereof to any person receiving the same in good faith, for value and without notice of the previous sale, shall have the same effect as if the first purchaser of the goods or bill had expressly authorized the subsequent negotiation.
Page 119 - Intend. (1) Where there is a contract to sell specific or ascertained goods, the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred. (2) For the purpose of ascertaining the intention of the parties, regard shall be had to the terms of the contract, the conduct of the parties, usages of trade and the circumstances of the case.
Page 179 - A person to whom a negotiable document of title has been duly negotiated acquires thereby — (a) Such title to the goods as the person negotiating the document to him had or had ability to convey to a purchaser in good faith for value...
Page 825 - Exercised. (1) Subject to the provisions of this act, the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment or tender of the price in the following cases, namely: (a) Where the goods have been sold without any stipulation as to credit; (b) Where the goods have been sold on credit, but the term of credit has expired; (c) Where the buyer becomes insolvent.
Page 327 - 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.