Inquiries Into the Contract of Sale of Goods and Merchandise: As Recognised in the Judicial Decisions and Mercantile Practice of Modern Nations |
Common terms and phrases
according act of delivery action agent agreement assumpsit authenticity authority Barn Bell's Illus bill of lading bind the bargain Blackst bound broker buyer Camp carrier Code de Commerce commercial commodity contract of sale countries Court of Session creditors Cress delivered doctrine effect engagement England England and America English entitled Ersk executory France Holland House of Lords implied warranty insure jurisprudence Kent King's Bench law of England law of France law of Scotland lien Lord Ellenborough Lord Mansfield mercantile merchants necessary note or memorandum notes sent obligation offer ownership paid Pardessus parole evidence parole proof payment person possession Pothier principle Proof of Sale proved purchase question receive recognised risk Roman law rule settled shew Shipping Company signature signed sold notes statute of frauds stipulated sufficient Taunt tender thing sold third party Toullier trade transference warehouse wharfinger writing
Popular passages
Page 35 - Every sale made by a vendor of goods and chattels in his possession or under his control, and every assignment of goods and chattels, unless the same be accompanied by an immediate delivery, and be followed by an actual and continued change of possession of...
Page 30 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.
Page 30 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Page 34 - Unless the buyer shall accept and receive part of such goods, or the evidences, or some of them, of such things in action ; or Third. Unless the buyer shall, at the time, pay some part of the purchase money.
Page 25 - ... accept part of the goods so sold and actually receive the same, or (2) give something in earnest to bind the bargain or in part of payment, or (3) that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.
Page 20 - I am wrong, that if a man sells goods to be delivered on a future day, and neither has the goods at the time, nor has entered into any prior contract to buy them, nor has any reasonable expectation of receiving them by consignment, but means to go into the market and buy the goods which he has contracted to deliver, he cannot maintain an action on such contract.
Page 30 - That the said enactments shall extend to all contracts for the sale of goods of the Value of ten pounds sterling and upwards, notwithstanding the goods may be intended to be delivered at some future time or may not at the time of such contract be actually made procured or provided...
Page 60 - Where goods are ponderous and incapable of being handed over from one to another, there need not be an actual delivery ; but it may be done by that which is tantamount, such as the delivery of the key of the warehouse in which the goods are lodged, or by delivery of other indicia of property.
Page 26 - It is admitted that, provided the name be inserted in such manner as to have the effect of authenticating the instrument, the provision of the act is complied with, and it does not much signify in what part of the instrument the name is to be found.
Page 14 - What is implied by law is as strong to bind the parties as if it were under their hand. This is a contract in which the parties are silent as to price, and therefore leave it to the law to ascertain what the commodity contracted for is reasonably worth.