Abridgment of Elementary Law: Embodying the General Principles, Rules and Definitions of Law, Together with the Common Maxims and Rules of Equity Jurisprudence, Embracing the Subjects Contained in a Regular Law Course, Collected and Arranged So as to be Easily Acquired by Students, Comprehended by Justices, and Readily Reviewed by Young Participants, Volume 1
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acceptance action actual agent agreement answer appear applied arise authority bill breach buyer called cause circumstances civil claim committed common law condition consideration constitute contract corporation courts of equity created crime damages death debt deed defendant determined direct duty effect entitled evidence execution exist express fact founded fraud give given grant ground heirs held hold husband implied injury intention interest issue join joint judgment jurisdiction kinds lands liable limited marriage matter means ment merely nature necessary notice officer original particular partnership party payment performance person plaintiff plea pleading possession present principal proof proved reason received record relation relief remedy respect rule seller servant specific statute sufficient suit taken tenant tenure term thing third tion tort trust unless whole wife witness writ writing wrong
Page 312 - The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or when the goods have been delivered to him, and he does any act in relation to them which is inconsistent with the ownership of the seller, or when, after the lapse of a reasonable time he retains the goods without intimating to the seller that he has rejected them.
Page 306 - 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 310 - ... 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 452 - ... 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 311 - Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions ; that is to say, the seller must be ready and willing to give possession of the goods...
Page 515 - SEC. 4. The times, places and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof; but the congress may at any time by law make or alter such regulations, except as to the places of choosing senators.
Page 310 - Subject to the provisions of this act, where goods are sold by a person who is not the owner thereof, and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the seller's authority to sell. (2) Nothing in this act, however, shall affect — (a) The provisions of any factors...
Page 308 - Where there is a contract for the sale of specific goods in a deliverable state, but tbe seller is bound to weigh, measure, test, or do some other act or thing with reference to the goods for the purpose of ascertaining the price, the property does not pass until such act or thing be done, and the buyer has notice thereof. Rule 4. When goods are delivered to the buyer on approval or "on sale or return...
Page 315 - Where, under a contract of sale, the property in the goods has passed to the buyer, and the buyer wrongfully neglects or refuses to pay for the goods according to the terms of the contract, the seller may maintain an action against him for the price of the goods.
Page 313 - ... where the property has passed to the buyer. UNPAID SELLER'S LIEN Sec. 54. When Right of Lien May Be 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...