Cases on the Law of Sales of Goods: Selected from Decisions of English and American Courts

Front Cover
West Publishing Company, 1925 - Sales - 851 pages
 

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Contents

Existing and Future Goods Undivided Shares 7 Destruction of Goods Sold 8 Destruction of Goods Contracted to be Sold
818
Definition and Ascertainment of Price 10 Sale at a Valuation 11 Effect of Conditions Definition of Express Warranty 13 Implied Warranties of Title
819
Implied Warranty in Sale by Description 15 Implied Warranties of Quality 16 Implied Warranties in Sale by Sample
820
No Property Passes Until Goods are Ascertained 18 Property in Specific Goods Passes When Parties so Intend 19 Rules for Ascertaining Intention
821
Reservation of Right of Possession or Property When Goods are Shipped Sale by Auction
822
Risk of Loss 23 Sale by a Person Not the Owner Sale by One Having a Voidable Title 25 Sale by Seller in Possession of Goods Already Sold Creditor...
823
Negotiable Documents of Title Marked Not Negotiable 31 Transfer of NonNegotiable Documents 32 Why May Negotiate a Document 33 Rights of ...
824
Transfer of Negotiable Document Without Indorsement 36 Warranties on Sale of Document 37 Indorser Not a Guarantor 38 When Negotiation Not ...
825
Seller Must Deliver and Buyer Accept Goods 42 Delivery and Payment are concurrent Conditions 43 Place Time and Manner of Delivery 44 Deliver...
826
Delivery in Instalments 46 Delivery to a Carrier on Behalf of the Buyer 47 Right to Examine the Goods
827
Amendments to the Act
835
Woodw SALES 2D ED
837
Primary Rights of Buyer 3 Primary Rights of Seller 4 Conditional Sales Valid Except as Otherwise Provided 5 Conditional Sales Void as to Certain Pe...
839
Place of Filing 7 Fixtures 8 Railroad Equipment or Rolling Stock Conditional Sale of Goods for Resale
840
Filing 11 Refiling 12 Cancellation of Contract 13 Prohibition of Removal or Sale Without Notice
841
Refiling on Removal 15 Fraudulent Injury Concealment Removal or Sale 16 Retaking Possession 17 Notice of Intention to Retake
842
Redemption 19 Compulsory Resale by Seller 20 Resale at Option of Parties 21 Proceeds of Resale 22 Deficiency on Resale 23 Rights of Parties When...
843
Recovery of Part Payments 26 Waiver of Statutory Protection 27 Loss and Increase 28 Act Prospective Only 29 Rules for Cases Not Provided for 30 ...
844
INDEX
845
1
848
Copyright

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Common terms and phrases

Popular passages

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.
Page 825 - ... (5) When goods are delivered to a ship chartered by the buyer it is a question depending on the circumstances of the particular case whether they are in the possession of the master as a carrier or as agent to the buyer.

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