A Treatise on the Law of Sale of Personal Property, Volume 2

Front Cover
Callaghan, 1901 - Personal property - 1578 pages
 

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Contents

865
719
Party complaining must have been deceived by the representation 879 880
736
Measure of damages for breach of warrantyIn general 1817 1818
785
Methods of defrauding 930
789
Representation as to quantity 938 939
800
Introduction of new parties
808
Basis and extent of creditors right to interfere 949 950
809
Retention of possession by seller as badge of fraud 960
816
In general
825
Continued 965
832
How on sale of goods to which the seller had no title
836
Who are creditors 969
841
What subsequent creditors may avoid
845
Reasons for rule
851
Delivery of documents
857
Sales in aid of the public enemy 1024 1025
860
Reasons
863
How subjects classified
868
Must be present representation and not mere promise as to future
870
Sales in furtherance of social vices
881
Sales in violation of liquor laws 1026
885
Sales in furtherance of unlawful combinations 1040
897
What enactments render sale void 1044 1045
905
BOOK IV
919
In general 1108
920
Statement of some objections as a waiver of others 1077
926
In general 1069
929
Rights of one party when the other renounces 1038 1089
932
That the Buyer has Become Insolvent
947
Unexpected expense does not excuse 1105
954
Of performance by the seller in general 1109
956
The Obligation to Deliver
962
Where time is fixed but not the place 1125
968
Existing or subsequent creditors What conveyances existing cred
972
Time of delivery when no time agreed upon Reasonable time 1129
974
Place
979
Wright Default in delivery
990
Alterations by consent in time or place of delivery 1151 1152
1007
Quantity indefinite More or less _About
1020
Undertaking of seller to deliver the goods how satisfied 1184
1032
Where goods in custody of a third person
1040
CHAPTER IV
1048
Fitness for intended use a condition precedent 1214
1054
Warranties by agents 1278 1279
1059
Warranty defined 1222
1061
Warranty to be distinguished from condition
1067
How determined
1073
Test for determining
1079
How words understood
1087
How determined
1093
Time duration and place of warranty
1099
1363
1181
1404
1219
By contract payment may be due before title passes
1225
Presumptions not conclusive
1231
Payment in goods
1238
To the seller or his agent
1239
How when agency unknown
1245
If authorized to take check or note has no authority to indorse
1251
OF THE REMEDIES OF THE SELLER AGAINST THE GOODS
1256
Revival of Lien on Expiration of Credit
1260
What claims the lien precedes 1476
1262
Effect of part payment 1500
1271
Revival of lien Insolvency of purchaser before actual delivery 1508 1509
1279
Lion revives on expiration of credit 1521
1284
By factor who has bought goods for principal 1530
1290
Goods can be stopped only while in transit 1545 1546
1297
Buyer may intercept the goods 1556
1303
Who may take possession for vendee Agent
1332
To whom notice to stop should be given Vendee
1338
To what kinds of property right of resale attaches 1624
1344
The manner of resale 1640 1641
1352
Nature of right of resale 1649
1358
CHAPTER I
1359
When payment of price is due On delivery 1661 1662
1364
Title passing though goods not delivered 1667
1366
Measure of damages usually difference between contract price
1374
Countermanding performance of executory contract 1699
1380
Treating contract as rescinded and recovering quantum valebat 1713
1389
Sellers breach of contract to sell and convey 1717
1394
Action at law for damages the usual remedy 1734 1735
1404
How when seller repudiates before time for performance 17501753
1411
Measure of damages where special circumstances were in contempla
1417
No damages for speculative or remote losses 17771779
1428
Measure of damages for delay 17901792
1435
In general
1441
If goods not delivered payment due in cash
1443
Notice of defect Offer to return 1811
1448
Purely speculative profits
1460
Remedies for deceit or fraud
1466
How remedies classified
1468
Acceptance here contemporaneous with contract 1366
1495
1358
1525
Representation must be material
1527
Against what parties rescission had Any one not bona fide purchaser
1528
Purpose of this chapter 840 neces
1541
Measure of damages where goods intended for particular use 17711776
2
Purchaser of draft with bill of lading attached 1816
3
912
5
992
15
Copyright

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Common terms and phrases

Popular passages

Page 1478 - ... agent acting for him, of the goods or documents of title under any 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 866 - The principle of public policy is this: Ex dolo malo non oritur actio. No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Page 1415 - 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 1474 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller's skill or judgment and the goods are of a description which it is in the course of the seller's business to supply (whether he be the manufacturer or not) there is an implied condition that the goods shall be reasonably fit for such purpose...
Page 1474 - 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 867 - the objection that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant.
Page 1480 - Unless otherwise authorized by the buyer, the seller must make such contract with the carrier on behalf of the buyer as may be reasonable, having regard to the nature of the goods and the other circumstances of the case.
Page 1485 - Action for damages for non-acceptance of the goods. (1) Where the buyer wrongfully neglects or refuses to accept and pay for the goods the seller may maintain an action against him for damages for non-acceptance. (2) The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer's breach of contract.
Page 1484 - Where, under a contract to sell or a sale, the price is payable on a day certain, irrespective of delivery or of transfer of title, and the buyer wrongfully neglects or refuses to pay such price, the seller may maintain an action for the price, although the property in the goods has not passed, and the goods have not been appropriated to the contract.
Page 1476 - Where the seller of goods draws on the buyer for the price, and transmits the bill of exchange and bill of lading to the buyer together to secure acceptance or payment of the bill of exchange, the buyer is bound to return the bill of lading if he does not honour the bill of exchange, and if he wrongfully retains the bill of lading the property in the goods does not pass to him.

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