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A Treatise the Law of Sales Personal Property: Including the Law of Chattel ...
Christopher G. Tiedeman
No preview available - 2017
11 Cush 15 Gray 19 Pick 98 Mass acceptance action agent Allen Bailey bailment Bank Barb bill of lading Bing Blackf bona fide purchaser Bradw breach Brown Bush buyer carrier chattel mortgage Clark common carrier common law conditional sale Conn contract of sale courts Cranch creditors Cush Davis debt delivered delivery Denio Exch express warranty fraud fraudulent Gill Gratt Green Greenl Hall held Hill implied warranty intention Iowa Ired Johns Johnson Jones L. J. Ex liability lien Marsh Mason Miller Minn Miss Moore mortgagor N. J. Eq Nichols Ohio St Paige Parker parties payment performance possession purchaser R. R. Co receipt right of stoppage Robinson rule Scott Sections sell seller Smith statute statute of frauds Taylor tender Thompson tion transaction vendee vendor warranty of title Watts Wend Wheeler Williams Wilson Wood
Page 59 - 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 89 - 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 59 - ... 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 60 - 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 45 - 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 367 - ... 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 16 - 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 269 - 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 492 - 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...