A Selection of Cases on the Law of Sales of Personal PropertyHarvard Law Review Publishing Association, 1894 - 1086 pages Class notes taken by Ralph W. Gifford interleaved within a text by Samuel Williston. |
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Common terms and phrases
acceptance action actual agent agreed agreement amount appears appellants assignment ASSUMPSIT authority bales Bank bankrupt bargain bill of exchange bill of lading bona fide bona fide purchaser brought buyer cargo carrier chattel circumstances claim Company consignee consignor contract of sale cotton court creditors damages decision defendant defendant's delivered delivery Denis Daly draft entitled evidence fact factor flour fraudulent freight given held horse indorsed insolvency intention intrusted invoice judgment jury lien Lord Lord Ellenborough lumber ment merchants Messrs notice opinion owner paid parties pass payment person plaintiff plaintiffs in error Pleas pledge possession principle purchaser purpose quantity question reason receipt received recover refused remained replevin Reported rule sell seller sent ship sold Statute of Frauds stoppage in transitu supra thereof tiff tion transaction transfer trial trover vendee vendor verdict vested warehouse warranty wharfinger wheat wool
Popular passages
Page 822 - And by the seventeenth section of the same statute it is enacted, that " no contract for the sale of any goods, wares and merchandizes, 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...
Page 468 - Mercantile agent' shall mean a mercantile agent having, in the customary course of his business as such agent, authority either to sell goods or to consign goods for the purpose of sale, or to buy goods, or to raise money on the security of goods.
Page 694 - Fourthly, where a manufacturer or a dealer contracts to supply an article which he manufactures or produces or in which he deals, to be applied to a particular purpose so that the buyer necessarily trusts to the judgment or skill of the manufacturer or dealer, there is in that case an implied term or warranty that it shall be reasonably fit for the purpose to which it is to be applied.
Page 745 - ... (2) For the purpose of ascertaining the intention of the parties regard shall be had to the terms of the contract, the conduct of the parties and the circumstances of the case.
Page 816 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith or some other person thereunto...
Page 432 - We may lay it down as a broad general principle that wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it
Page 239 - In witness whereof the master or purser of the said ship hath affirmed to three bills of lading, all of this tenor and date, the one of which three bills being accomplished, the other two to stand void, and so God send the good ship to her desired port in safety. Amen.
Page 493 - ... shall be deemed to be the true owner thereof, so far as to give validity to any contract made by such agent with any other person, for the sale or disposition of the whole or any part of such merchandise...
Page 778 - June, one thousand six hundred and seventy-seven, no contract for the sale of any goods, wares, and merchandises, 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 62 - ... 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.