A Treatise on the Law of Sales of Personal Property: Including the Law of Chattel Mortgages

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F. H. Thomas law book Company, 1891 - Chattel mortgages - 769 pages
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Contents

Sale distinguished from mortgage 11 Sale distinguished from gift 12 Sale distinguished from exchange or barter
12
Sale distinguished from assignment
14
CHAPTER II
15
Ratification of infants contracts
19
Disaffirmance of sale by infant
21
Lunatics and imbeciles
22
Effect of insanity when unknown to other party
24
Lunatics contract for necessaries 24 Ratification of lunatics contracts 25 Contracts of drunken persons
25
CHAPTER III
36
CHAPTER IV
51
THE STATUTE OF FRAUDS IN RESPECT TO SALES
58
Transfer of title governed primarily by intention of
104
CHAPTER VDI
136
When buyer obliged to accept Buyers duties in accept
161
Definition and general explanation
169
General statement and definition
177
VENDORS LIEN
191
Appropriation of payments
210
Payment on Sunday 154 Payment by mail
215
CHAPTER Xm
217
A material misrepresentation of facts
218
When concealment is fraudulent
221
Reliance upon representation Deceit must be successful
223
Damage to party deceived
224
Remedies for fraud
225
Material misrepresentations by the seller
228
Employment of puffers or bybidders at auction and other sales Other fraud in auction sales
229
Sellers expression of opinion Dealers talk His state ments as to value and price
231
Sellers concealment or silence when a fraud
234
Fraudulent devices of buyers
235
Combination of bidders
239
Fraudulent intent not to
240
Concealment of material facts by the buyer
242
Expressions of opinion by buyer
243
Liability of principals partners and joint owners for fraudulent misrepresentation
244
Frauds on creditorsTransfers without consideration Voluntary conveyances Transfers for the purpose of hindering or delaying creditors
245
STOPPAGE IN TRANSITU
256
CHAPTER XIV
258
Conditions precedent to be performed by purchaser Pre
298
CHAPTER XVI
336
What may be mortgaged Mortgage of fixtures
337
Can a chattel mortgage cover afteracquired property
361
How far mortgage of afteracquired property is invalid The mortgage in equity
365
Description of property
371
Date of the mortgage
378
Formality of execution Signing and sealing 237 Delivery and acceptance of mortgage 238 Delivery and possession of mortgaged chattels 239 The ge...
384
The effect of recording a mortgage
390
The right of possession of mortgaged chattels 242 The right to profits 0
399
Mortgagors right to sell the mortgaged property 244 Mortgagors power to create superior liens
401
The general requirements of judicial and execution sales 258 Who may make the sale
423
When sale must be public
424
Notice of the sale
425
Place of sale 262 Sale in parcels
428
Terms of sale 264 Sale after return
429
Adjournment of the sale
430
SAXES BY AGENTS AND PERSONAL REPRESENTATIVES Section 268 The general principles of agency as applied to sales of personal property...
432
The powers of the broker
440
The powers of the factor or commission merchant 274 Sales by pledges
447
Sale by master of vessel 276 Sales by trustees 277 Sales by executors and administrators
448
Sales by guardians
454
CHAPTER XIX
455
The conditions of the auction sale
460
Competition must be fair Manner of bidding
461
Statute of frauds in respect to auction sales
463
The auctioneers compensation 238 Auctioneer when liable as vendor
466
CHAPTER XX
468
Effect of partial illegality
471
Effect of execution of illegal sales
473
Compounding of crimes and misdemeanors as a considera tion
477
Contracts with alienenemies and in aid of rebellion 298 Bribery
480
Lobbying
481
Sales of public office and private recommendations 301 Wagers
483
Option sales when illegal
484
Contracts in restraint of trade
492
Maintenance and champerty
493
Offenses against morality 306 Sales in violation of statutes
494
Sales of smuggled goods
495
Sunday sales
496
RIGHTS OF BONA FIDE PURCHASERS Section 310 The general doctrine 311 Sales in market overt
500
Possession how far evidence of ownership
502
Purchaser of stolen and lost goods
503
Purchaser of an illegal sale Void judicial sales 315 Purchaser from a bankrupt or insolvent 316 Sale by bailees in general
506
Delivery of goods to bailee for sale Sale by factors Factors acts
508
Documents of title
512
Certificates of stock
513
Warehouse receipt
516
Definition and nature of bills of lading
517
Form and contents of the bill of lading
518
Transfer of bill of lading Its negotiability
520
Demand when necessary
523
CHAPTER XV
536
Brokers bought and sold notes
739
PAYMENT AND TENDER
740
Conditional sales defined Kinds of conditions
744
CHAPTER IX
748
Section 139
755
Purchaser from one hiving a voidable or defeasible title Sales upon condition subsequent and precedent 326 Purchaser from the mortgagee of a chatt...
761
THE TRANSFER OF TITLE
766

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Common terms and phrases

Popular passages

Page 61 - 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 91 - It does not deny that it is binding on those whom, on the face of it, it purports to bind; but shows that it also binds another, by reason that the act of the agent, in signing the agreement, in pursuance of his authority, is in law the act of the principal.
Page 61 - ... 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 62 - Tenterden's act," 3 which provides that the seventeenth section of the statute of frauds " shall extend to all contracts for the sale of goods, of the value of ten pounds sterling, and upwards, notwithstanding the goods may be intended to be delivered at some future time, or may not at the time of such contract 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 47 - But The Court said, that if that were so, no contract could ever be completed by the post. For if the defendants were not bound by their offer when accepted by the plaintiffs till the answer was received, then the plaintiffs ought not to be bound till after they had received the notification that the defendants had received their answer and assented to it. And so it might go on ad infinitum.
Page 369 - ... that wherever the parties, by their contract, intend to create a positive lien or charge, either upon real or personal property, whether then owned by the assignor or contractor, or not, or if personal property, whether it is then in esse or not, it attaches in equity as a lien or charge upon the particular property, as soon as the assignor or contractor acquires a title thereto, against the latter, and all persons asserting a claim thereto, under him, either voluntarily, or with notice, or in...
Page 18 - From the earliest time down to the present the word ' necessaries ' is not confined in its strict sense to such articles as were necessary to the support of life, but extended to articles fit to maintain the particular person in the state, station, and degree in life in which he is...
Page 271 - A sale of personal chattels implies an affirmation by the vendor that the chattel is his, and therefore he warrants the title, unless it be shown by the facts and circumstances of the sale that the vendor did not intend to assert oionership, but only to transfer such interest as he might have in the chattel sold.
Page 494 - Ever since that decision, contracts in restraint of trade generally, have been held to be void; while those limited as to time or place or persons, have been regarded as valid and duly enforced. " Whether these exceptions to the general rule were wise and have really improved it, some may doubt; but it has been too long settled to be called in question by a lawyer. This doctrine extends to all branches of trade and all kinds of business. The...
Page 4 - It may be defined to be a transfer of the absolute or general property In a thing for a price in money.

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