The Law of SalesCallaghan, 1921 - 385 sidor |
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Sida x
... RETAINED , BUT POSSESSION PASSED Breach of Contract .. 99 Recovery of Purchase Price .. 99 Titular Actions 102 Recovery of Possession ........ 102 Suit for Price After Retaking Possession ...... 106 Underlying Theory 107 POSSESSION RETAINED ...
... RETAINED , BUT POSSESSION PASSED Breach of Contract .. 99 Recovery of Purchase Price .. 99 Titular Actions 102 Recovery of Possession ........ 102 Suit for Price After Retaking Possession ...... 106 Underlying Theory 107 POSSESSION RETAINED ...
Sida 25
... retain possession of the goods.16 In regard to all these statements of rule , it must be said that there is much conflict and utter confusion of ideas in the decisions and opinions . It is sometimes stated , that if the seller is to do ...
... retain possession of the goods.16 In regard to all these statements of rule , it must be said that there is much conflict and utter confusion of ideas in the decisions and opinions . It is sometimes stated , that if the seller is to do ...
Sida 36
... retained . In Keller v . Texas , the court went so far as to declare unconsti- tutional a statute of the state which attempted to fix the point of destination of C. O. D. shipments of liquor as the place of sale , on the ground that ...
... retained . In Keller v . Texas , the court went so far as to declare unconsti- tutional a statute of the state which attempted to fix the point of destination of C. O. D. shipments of liquor as the place of sale , on the ground that ...
Sida 38
... retain possession , but not necessarily an intent to retain title . Since retention of possession is in harmony with the usual effect of unre- stricted delivery to a carrier , and retention of title is not in harmony , the weight of ...
... retain possession , but not necessarily an intent to retain title . Since retention of possession is in harmony with the usual effect of unre- stricted delivery to a carrier , and retention of title is not in harmony , the weight of ...
Sida 39
... may waive the performance of the condition , and choose to pass title anyhow , or he may lose his retained ownership in other ways . These mat- ters , and the rights of the parties generally will TRANSFER OF TITLE 39 Expressed Intent.
... may waive the performance of the condition , and choose to pass title anyhow , or he may lose his retained ownership in other ways . These mat- ters , and the rights of the parties generally will TRANSFER OF TITLE 39 Expressed Intent.
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acceptance action actual agent agreed agreement authority bailee Bank bill of lading breach of contract Bros buyer buyer's agent carrier cash on delivery chattel common law Conn contract of sale contract to sell court held courts of equity damages decisions defendant delivered delivery dictum document of title equity express fact fungible implied warranty insolvent intent to pass jury liability Lumber Mass matter ment Minn Nat'l negotiable oral contract owner ownership particular parties pass title passing of title payment plaintiff posses presumption promise purchase price question reason receipt recover refusal replevin resale rescind rescission retake possession rule Section seller seller's right shipment sion Smith sold specific Statute of Frauds stoppage in transitu thing third person tion title has passed title passed tract transaction transit Uniform Sales Act vendee vendor
Populära avsnitt
Sida 296 - Where there is an unconditional contract for the sale of specific goods, in a deliverable state, the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment or the time of delivery, or both, be postponed.
Sida 332 - Person" includes a corporation or partnership or two or more persons having a joint or common interest. To "purchase" includes to take as mortgagee or as pledgee.
Sida 298 - When in pursuance of the contract the seller delivers the goods to the buyer or to a carrier or other bailee (whether named by the buyer or not) for the purpose of transmission to the buyer, and does not reserve the right of disposal, he is deemed to have unconditionally appropriated the goods to the contract.
Sida 326 - Goods. — the buyer, and the seller wrongfully neglects or refuses to deliver the goods, the buyer may maintain an action against the seller for damages for non-delivery. (2.) The measure of damages is the loss directly and naturally resulting in the ordinary course of events, from the seller's breach of contract.
Sida 307 - ... had or had ability to convey to a purchaser in good faith for value, and also such title to the goods as the...
Sida 320 - ... (5) When goods are delivered to a ship chartered by the buyer it is a question depending on the circumstances of the particular case whether they are in the possession of the master as a carrier or as agent to the buyer.
Sida 295 - If the seller is a dealer in goods of that kind, there is an implied warranty that the goods shall be free from any defect rendering them unmerchantable which would not be apparent on reasonable examination of the sample.
Sida 309 - If goods are delivered to a bailee by the owner or by a person whose act in conveying the title to them to a purchaser...
Sida 310 - ... or in satisfying the claim by means thereof as is allowed at law or in equity in regard to property which cannot readily be attached or levied upon by ordinary legal process.
Sida 332 - The goods which form the subject of a contract to sell may be either existing goods, owned or possessed by the seller, or goods to be manufactured or acquired by the seller after the making of the contract to sell, in this act called "future goods.