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 v
... chaser , or those who stand in his place . Actual and constructive possession explained PAGE 221-240 CHAP . III . What the transitus is , and when it terminates . The right of Stoppage in Transitu cannot be exercised unless when the ...
... chaser , or those who stand in his place . Actual and constructive possession explained PAGE 221-240 CHAP . III . What the transitus is , and when it terminates . The right of Stoppage in Transitu cannot be exercised unless when the ...
Page 4
... transferred to the pur- chaser , but before it is delivered into his possession . A TREATISE ON THE CONTRACT OF SALE , & c 4 INTRODUCTION . WHAT AGREEMENTS AMOUNT TO A BARGAIN AND SALE, AND WHAT ARE BUT EXECUTORY · 120-200.
... transferred to the pur- chaser , but before it is delivered into his possession . A TREATISE ON THE CONTRACT OF SALE , & c 4 INTRODUCTION . WHAT AGREEMENTS AMOUNT TO A BARGAIN AND SALE, AND WHAT ARE BUT EXECUTORY · 120-200.
Page 16
... chaser , for a price less than 107. , so that no question could arise upon the 17th section . There seems to have been no express agreement as to when they were to be removed , but in other respects the contract seems identical with ...
... chaser , for a price less than 107. , so that no question could arise upon the 17th section . There seems to have been no express agreement as to when they were to be removed , but in other respects the contract seems identical with ...
Page 28
... chaser is an actual receipt by him ; and when the goods are in the hands of a third party it is pretty clear that as soon as the vendor the purchaser and the bailee agree together that the bailee shall cease to hold the goods for the ...
... chaser is an actual receipt by him ; and when the goods are in the hands of a third party it is pretty clear that as soon as the vendor the purchaser and the bailee agree together that the bailee shall cease to hold the goods for the ...
Page 33
... chaser to send for them . The purchaser said he had seen the tares , and had no immediate use for them , he therefore requested that they might remain at the vendor's till seed time , to which the vendor assented . The vendor then went ...
... chaser to send for them . The purchaser said he had seen the tares , and had no immediate use for them , he therefore requested that they might remain at the vendor's till seed time , to which the vendor assented . The vendor then went ...
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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.