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 104
... merchants , which the Court is at liberty to recognise as part of the common law . No " such usage has been found ... merchant . Strong expressions as to the duty of the broker to sign his book do not go far enough for this purpose ...
... merchants , which the Court is at liberty to recognise as part of the common law . No " such usage has been found ... merchant . Strong expressions as to the duty of the broker to sign his book do not go far enough for this purpose ...
Page 111
... merchants in " the city all concurred in declaring that they had " never known any instance where the broker's book " had been referred to , and that they always looked " to the bought and sold notes as the contract . " And the question ...
... merchants in " the city all concurred in declaring that they had " never known any instance where the broker's book " had been referred to , and that they always looked " to the bought and sold notes as the contract . " And the question ...
Page 112
... merchant a broker was bound to make an entry in his book , and that by the law merchant such an entry was the record of the contract between the parties , it might come to be a question whether the custom of England to disregard the ...
... merchant a broker was bound to make an entry in his book , and that by the law merchant such an entry was the record of the contract between the parties , it might come to be a question whether the custom of England to disregard the ...
Page 113
... merchant or by custom evidence between the parties , it has escaped my notice . There are , no doubt , many dicta to that effect entitled Code de Commerce , Livre I. , Titre deuxieme . " Du Livres de Commerce . " 8. Tout commerçant est ...
... merchant or by custom evidence between the parties , it has escaped my notice . There are , no doubt , many dicta to that effect entitled Code de Commerce , Livre I. , Titre deuxieme . " Du Livres de Commerce . " 8. Tout commerçant est ...
Page 115
... merchant , not requiring proof . In that case the broker seems to have had express authority to make the contract , and Lord Ellenborough is reported to have used terms that may have borne reference to the ( a ) Heyman v . Neale , 2 ...
... merchant , not requiring proof . In that case the broker seems to have had express authority to make the contract , and Lord Ellenborough is reported to have used terms that may have borne reference to the ( a ) Heyman v . Neale , 2 ...
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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.