A Treatise on the Law of Sale of Personal Property: With Reference to the French Code and Civil Law |
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Common terms and phrases
acceptance action actual receipt agreed agreement authority bailee Bank bargain barley bill of exchange bill of lading binding Bing broker buyer cargo chattel cited Code common law contract of sale Court crop decided decision defendant defendant's delivered delivery detinue document effect emblements equity Exchequer existence fact Factors Act fraudulent ground held House of Lords ibid infant intended invoice judgment jury L. J. Ch L. J. Ex labour land letter liable Lord Ellenborough market overt materials ment mercantile agent mistake necessary offer opinion owner paid parol evidence party pass payment plaintiff possession principle promise purchaser question recover reference revest rule says sell seller sent seqq ship signature signed Smith sold notes Statute of Frauds sued sufficient supra thing third person tion transfer trover Vict void voidable warrant words writing written
Popular passages
Page 184 - ... sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf...
Page 183 - 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...
Page 458 - Provided that where delivery has been delayed through the fault of either buyer or seller the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault.
Page 556 - Where a sale by auction is not notified to be subject to a right to bid on behalf of the seller it shall not be lawful for the seller to bid himself or to employ any person to bid at such sale or for the auctioneer knowingly to take any bid from the seller or any such person. Any sale contravening this rule may be treated as fraudulent by the buyer.
Page 261 - Where any right, duty or liability would arise under a contract to sell or a sale by implication of law, it may be negatived or varied by express agreement or by the course of dealing between the parties, or by custom, if the custom be such as to bind both parties to the contract or the sale.
Page 550 - The general rule is, that the master is answerable for every such wrong of the servant or agent as is committed in the course of the service and for the master's benefit, though no express command or privity of the master be proved.
Page 363 - Where there is a contract for the sale of specific goods, or where goods are subsequently appropriated to the contract, the seller may, by the terms of the contract or appropriation, reserve the right of disposal of the goods until certain conditions are fulfilled.
Page 269 - ... (1) A contract for the sale of any goods of the value of ten pounds or upwards shall not be enforceable by action unless the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract be made and signed by the party to be charged or his agent in that behalf.
Page 207 - That no action shall be brought whereby to charge any person upon any agreement made upon consideration of marriage, or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, unless the agreement upon which. such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized,
Page 55 - ... agent acting for him, of the goods or documents of title, under any sale, pledge or other disposition thereof to any person receiving...