A Treatise on the Law of Sale of Personal Property, Volume 2

Front Cover
Callaghan, 1901 - Personal property - 1578 pages
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Contents

Methods of defrauding 930
720
Must be present representation and not mere promise as to future 870
726
Party complaining must have been deceived by the representation 879 880
736
Possession fraudulently obtained 889
744
Other false representations inducing sale 899 900
752
Remedies of the seller 907
763
Must rescind in toto Rescission as to term of credit only 912
772
Who may rescind 922
783
Misrepresentations concerning title 931
789
Representation as to quantity 938 939
801
Basis and extent of creditors right to interfere 949 950
809
Voluntary conveyances 957
815
Dona fide purchasers from fraudulent grantee 977
849
Who are purchasers 992
859
Agreements partly illegal Divisible agreements 10031004
867
Sales in furtherance of social vices 10201022
881
Sales in aid of the public enemy 10241025
883
Sales promotive of wagering speculation 10301032
889
Sales in furtherance of unlawful combinations 1040
897
What enactments render sale void 1044 104
905
BOOK IV
919
In general 1108
920
Statement of some objections as a waiver of others 1077
926
Rights of one party when the other renounces 10381089
932
Stopping performance of executory contract 10911093
940
That the Other Party has Disabled Himself to Perform
949
Prevention by one party equivalent to performance by the other 1106
955
Of performance by the seller in general 1109
956
What is here meant by delivery 1117
962
Where time is fixed but not the place 1125
968
Time of delivery when no time agreed upon Reasonable time 1129
975
Performance at time a condition precedent 1139
982
Alterations by consent in time or place of delivery 11511152
1007
Must be to buyer or some one who represents him for that purpose 1172
1024
Undertaking of seller to deliver the goods how satisfied 1184
1032
CHAPTER IV
1048
Fitness for intended use a condition precedent 1214
1054
Warranties by agents 12781279
1059
Warranty to be distinguished from condition 1231
1067
Reference to other warranties or to printed statements Warranty
1074
Consideration for the warranty Time of making it 13471249
1084
Written contract does not exclude implied warranties 1258
1095
Express warranty after inspection 1275
1109
Agents lmplied authority to warrant title 1280
1111
IIL Implied Warranties
1117
Implied Warranties of Quality
1127
Acceptance of forged or invalid note 1429
1233
Agent to sell merely or to solicit orders without possession of goods
1242
Whether authority to receive payment implied from relation of par
1248
BOOK V
1255
In general 14701472
1256
Interception by buyers agent Agent to receive or forward 15581561
1257
What claims the lien precedes 1476
1262
Effect of part payment 1500
1271
Revival of lien Insolvency of purchaser before actual delivery 15081509
1279
Lien revives on expiration of credit 1521
1284
By factor who has bought goods for principal 1530
1290
Goods can be stopped only while in transit 1545 1546
1297
Buyer may intercept the goods 1556
1303
Interception by subpurchaser Mere resale does not defeat stoppage 1562
1307
Interception by buyers creditors Attachment Garnishment 1571
1313
Who may take possession for vendee Agent 1593
1332
To whom notice to stop should be given Vendee 1608
1338
Purpose of the chapter 1221
1341
To what kinds of property right of resale attaches 1624
1344
The manner of resala 16401641
1352
Nature of right of resale 1648
1358
panies 13591360
1359
Recovery of price where seller holds as bailee for buyer 1669
1367
Where the Goods have been Delivered
1372
Measure of damages usually difference between contract price
1374
Countermanding performance of executory contract 169
1380
Treating contract as rescinded and recovering quantum valebat 1713
1389
Substantially same remedies as in preceding cases 1781
1392
In general 1716
1394
Action at law for damages the usual remedy 17341735
1404
Specific performance of agreement to deliver 1783
1430
Damages for breach of warranty of title 1794
1436
Caveat emptor 1800
1442
Measure of damages for breach of warrantyIn general 18171818
1450
Measure of damages where goods bought to be resold 1833
1463
In general
1468
Buyer may recoup damages in action by seller for the price 1844
1472
Effect of acceptance where contract provides that it shall be conclu
1496
Who are creditors 969
1529
How this question determined 1061
1547
Recovery of price the chief object 1654
1551
How the rule applies to sales 1760
1554
Action for breach of warranty 1809
1555
Introduction of new parties 808
1569
Warranty defined 1222
1573
Copyright

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Common terms and phrases

Popular passages

Page 1478 - ... agent acting for him, of the goods or documents of title under any sale pledge or other disposition thereof to any person receiving the same in good faith and without notice of the previous sale shall have the same effect as if the person making the delivery or transfer were expressly authorized by the owner of the goods to make the same.
Page 866 - The principle of public policy is this: Ex dolo malo non oritur actio. No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Page 1415 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Page 1474 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller's skill or judgment and the goods are of a description which it is in the course of the seller's business to supply (whether he be the manufacturer or not) there is an implied condition that the goods shall be reasonably fit for such purpose...
Page 1474 - Subject to the provisions of this Act and of any statute in that behalf, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract to sell or a sale, except as follows...
Page 867 - the objection that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant.
Page 1480 - Unless otherwise authorized by the buyer, the seller must make such contract with the carrier on behalf of the buyer as may be reasonable, having regard to the nature of the goods and the other circumstances of the case.
Page 1485 - Action for damages for non-acceptance of the goods. (1) Where the buyer wrongfully neglects or refuses to accept and pay for the goods the seller may maintain an action against him for damages for non-acceptance. (2) The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer's breach of contract.
Page 1484 - Where, under a contract to sell or a sale, the price is payable on a day certain, irrespective of delivery or of transfer of title, and the buyer wrongfully neglects or refuses to pay such price, the seller may maintain an action for the price, although the property in the goods has not passed, and the goods have not been appropriated to the contract.
Page 1476 - Where the seller of goods draws on the buyer for the price, and transmits the bill of exchange and bill of lading to the buyer together to secure acceptance or payment of the bill of exchange, the buyer is bound to return the bill of lading if he does not honour the bill of exchange, and if he wrongfully retains the bill of lading the property in the goods does not pass to him.

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