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" that, to satisfy the statute, there must be a delivery by the vendor, with an intention of vesting the right of possession in the vendee, and there must be an actual acceptance by the latter, -with the intent of taking possession as owner... "
A Treatise on the Law of Auctions, with an Appendix of Precedents - Page 71
by Richard Babington - 1826 - 276 pages
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 2

Great Britain. Court of King's Bench - Law reports, digests, etc - 1824 - 1040 pages
...There was therefore an acceptance by him as owner during that interval. Per Curiam. In order to satisfy the statute, there must be a delivery of the goods...latter, with an intention of taking to the possession as owner. It lies upon the plaintiff in this case, to make out that there was such delivery and acceptance....
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An Abridgment of the Law of Nisi Prius ...

William Selwyn - Nisi prius - 1827 - 834 pages
...v. q Thompson v. Maceroni, 3 B. & C. 1. not any acceptance of the residue of the goods. To satisfy the statute, there must be a delivery of the goods...vendee; and there must be an actual acceptance by the vendee, with an intention of taking to the possession as ownerr. Or that some note or memorandum in...
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A Digest of the Law of Evidence on the Trial of Actions at Nisi Prius

Henry Roscoe - Evidence (Law) - 1831 - 788 pages
...within the statute of frauds, 29 Car. II. c.3. s. 17. See the sec. ante, p. 204. In order to satisfy the statute, there must be a delivery of the goods...there must be an actual acceptance by the latter with the intention of taking to the possession as owner, per Cur. Phillips v. Biilntli, 1 B. and C. 513...
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A Digest of the Law of Evidence on the Trial of Actions at Nisi Prius

Henry Roscoe - Evidence (Law) - 1832 - 660 pages
...within the statute of frauds, 29 Car. II. c. 3, s. 17. See the sec. ante, p. 204. In order to satisfy the statute, there must be a delivery of the goods...intention of vesting the right of possession in the vendec, and there must be an actual acceptance by the latter with the intention of taking to the possession...
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A Practical Treatise on the Law of Contracts: Not Under Seal; and Upon the ...

Joseph Chitty - Contracts - 1834 - 850 pages
...and acceptance of part of tJte goods. " In order to satisfy the statute, there must be a delivery of goods by the vendor, with an intention of vesting...latter, with an intention of taking to the possession as owner (q)." The acceptance must be unequivocal (r). It has been holden, that a written order, given...
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Reports of Cases Argued and Determined in the Court of Common ..., Volume 10

Great Britain. Court of Common Pleas, Peregrine Bingham - Law reports, digests, etc - 1834 - 652 pages
...unless there has been a dell 3 livery 1833. MABERLEY t>. SllUTAHO. 1833. MAPERLEY v. SHEFPAEO. livery of the goods by the vendor, with an intention of vesting the right of possession in the vendee, and an actual acceptance of the latter, with an intention of taking possession as owner, the statute is...
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A Practical Treatise on the Law of Contracts, Not Under Seal: And Upon the ...

Joseph Chitty - Contracts - 1841 - 1040 pages
...Delivery and Acceptance of Part of the Goods. In order to satisfy the statute, there must be a delivery of goods by the vendor, with an intention of vesting the right of possession of the whole (n) in the vendee ; and there must be an actual acceptance by the latter, with an intention...
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A New Abridgment of the Law with Large Additions and Corrections, Volume 1

Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - Law - 1846 - 866 pages
...within the statute. (C) Agreements within the Statute of Frauds. (17th Section.) In order to satisfy the statute, there must be a delivery of the goods by the vendor with an intention of vesting the possession in the vendee, and an actual acceptance by the latter with intention of taking the possession...
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Commentaries on American Law, Volume 2

James Kent - Law - 1848 - 1046 pages
...commodity sold. The good sense of the doctrine on the subject. would seem to be, that in order to satisfy the statute. there must be a delivery of the goods...vesting the right of possession in the vendee, and an actual acceptance by the vendee, with an intention of taking possession as owner.a If the subject...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 120

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1900 - 808 pages
...The verdict was set aside ; the court saying that, to satisfy the statute, there must be a delivery by the vendor, with an intention of vesting the right...there must be an actual acceptance by the latter, with the intent of taking possession as owner. This, I apprehend, is the correct rule, and it is obvious...
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