A Treatise on the Effect of the Contract of Sale: On the Legal Rights of Property and Possession in Goods, Wares, and Merchandize |
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Page 6
... King's Bench seem to have agreed with him , but the case was decided upon another ground , as the requisites of the statute had in fact been complied with . In Hinde v . Whitehouse ( c ) , in 1806 , Lord Ellen- borough expressed a ...
... King's Bench seem to have agreed with him , but the case was decided upon another ground , as the requisites of the statute had in fact been complied with . In Hinde v . Whitehouse ( c ) , in 1806 , Lord Ellen- borough expressed a ...
Page 7
... decided . In that case there was a sale by auction of goods above 107. in value , and the requisites of the statute were not complied with . The King's Bench decided that the contract could not be enforced ; this decision has always ...
... decided . In that case there was a sale by auction of goods above 107. in value , and the requisites of the statute were not complied with . The King's Bench decided that the contract could not be enforced ; this decision has always ...
Page 8
... decided , after taking time to consider , that a contract to supply goods on board ship was within the statute , as it was a contract for a sale , though a future one ; and in Garbutt v . Watson ( b ) , in 1822 , the King's Bench decided ...
... decided , after taking time to consider , that a contract to supply goods on board ship was within the statute , as it was a contract for a sale , though a future one ; and in Garbutt v . Watson ( b ) , in 1822 , the King's Bench decided ...
Page 14
... King's Bench held that a verbal agreement for the sale of timber then growing , and to be cut by the vendor , was a contract for the sale of goods within the mean- ing of the 17th section . Littledale , J. , said , in delivering judgment ...
... King's Bench held that a verbal agreement for the sale of timber then growing , and to be cut by the vendor , was a contract for the sale of goods within the mean- ing of the 17th section . Littledale , J. , said , in delivering judgment ...
Page 25
... King's Bench decided otherwise . Lord Ellenborough , in delivering judgment , said , " inasmuch as the half - pound sample of sugar out " of each hogshead in this case is by the terms and " conditions of sale , so far treated as part of ...
... King's Bench decided otherwise . Lord Ellenborough , in delivering judgment , said , " inasmuch as the half - pound sample of sugar out " of each hogshead in this case is by the terms and " conditions of sale , so far treated as part of ...
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Common terms and phrases
17th section acceptance action actual receipt agent agreed agreement assent assignment authority bailee bankrupt bargain and sale bill of lading bind Bing bought note bound broker broker's book buyer Camp carrier chaser common law Common Pleas conditions of sale considered consignee contract note contract of sale decision defendant defendant's delivered delivery order doubt East emblements English law evidence Exchequer expressed facts Hodgson indorsement insolvency intention judgment jury King's Bench decided law merchant Lickbarrow lien Lord Ellenborough Lord Tenterden Nisi Prius nonsuit note or memorandum opinion owner paid parol parties payment person plaintiff principal proved purchaser purchaser's question remained resale right of possession right of property right to stop rule seems sell seller shew ship signature signed sold note Statute of Frauds stop in transitu stoppage in transitu Taunt thing sold transfer the property trover vendee vendor's rights whilst words
Popular passages
Page 162 - ... where one by his words or conduct wilfully causes another to* believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 315 - If a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed ; an action may be brought for the money, or for not doing such other act before performance, for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent. And so it is where no time is fixed for performance of that, which is...
Page 6 - 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...
Page 333 - If goods are sold upon credit, and nothing is agreed upon as to the time of delivering the goods, the vendee is immediately entitled to the possession, and the right of possession and the right of property vest at once in him : but his right of possession is not absolute ; it is liable to be defeated if he becomes insolvent before he obtains possession.
Page 151 - When, by the agreement, the vendor is to do anything to the goods for the purpose of putting them into that state in which the purchaser is bound to accept them, or, as it is sometimes worded, into a deliverable state, the performance of those things shall, in the absence of circumstances indicating a contrary intention, be taken to be a condition precedent to the vesting of the property.
Page 149 - Generally speaking, where a bargain is made for the purchase of goods, and nothing is said about payment or delivery, the property passes immediately, so as to cast upon the purchaser all future risk, if nothing remains to be done to the goods, although he cannot take them away without paying the price.
Page 5 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or 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 334 - Why ? Because the property is vested in the buyer, so as to subject him to the risk of any accident ; but he has not an indefeasible [ie, irrevocable] right to the possession, and his insolvency, without payment of the price, defeats that right.
Page 9 - ... 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 57 - ... it is competent to show that one or both of the contracting parties were agents for other persons, and acted as such agents in making the contract, so as to give the benefit of the contract on the one hand to, and charge with liability on the other, the unnamed principals; and this, whether the agreement be or be not required to be in writing by the statute of frauds; and this evidence in no way contradicts the written agreement.