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 iv
... AGREEMENTS AMOUNT TO A BARGAIN AND SALE , AND WHAT ARE BUT EXECUTORY PAGE · 120-200 CHAP . I. General Rules to ascertain whether an Agreement amounts to a Bargain and Sale or not . The individual goods must be agreed upon , but the ...
... AGREEMENTS AMOUNT TO A BARGAIN AND SALE , AND WHAT ARE BUT EXECUTORY PAGE · 120-200 CHAP . I. General Rules to ascertain whether an Agreement amounts to a Bargain and Sale or not . The individual goods must be agreed upon , but the ...
Page 2
... agreement concerning the sale of them . By the common law of England , no peculiar form is required to give validity to a contract or agreement . It is essential that there be a mutual assent of both parties as to what is agreed upon ...
... agreement concerning the sale of them . By the common law of England , no peculiar form is required to give validity to a contract or agreement . It is essential that there be a mutual assent of both parties as to what is agreed upon ...
Page 3
... agreement is the same as it would have been at common law . A contract concerning the sale of goods may be defined to be a mutual agreement between the owner of goods and another , that the property in the goods shall for some price or ...
... agreement is the same as it would have been at common law . A contract concerning the sale of goods may be defined to be a mutual agreement between the owner of goods and another , that the property in the goods shall for some price or ...
Page 4
... agreements are generally called " Executory Agreements ; " Or it may be an agreement amounting to a bargain and sale of the goods , transferring to the purchaser the general property in the goods , and with it the rights and liabilities ...
... agreements are generally called " Executory Agreements ; " Or it may be an agreement amounting to a bargain and sale of the goods , transferring to the purchaser the general property in the goods , and with it the rights and liabilities ...
Page 7
... agreement was not within the statute . In Groves v . Buck ( c ) , in 1814 , the King's Bench decided that an agreement to purchase a quantity of oak pins , not yet cut out of the slab , was not within the statute . The principle of ...
... agreement was not within the statute . In Groves v . Buck ( c ) , in 1814 , the King's Bench decided that an agreement to purchase a quantity of oak pins , not yet cut out of the slab , was not within the statute . The principle 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.