The Law of the Contract of SaleDavis and Amer, 1853 - 440 pages |
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Page xxxiii
... express or impli- ed , among the members of the bar ? I do not hesitate to de- clare my opinion , founded on extensive experience , as well as reflection , that it cannot . I believe we may safely lay this down as a rule , that all ...
... express or impli- ed , among the members of the bar ? I do not hesitate to de- clare my opinion , founded on extensive experience , as well as reflection , that it cannot . I believe we may safely lay this down as a rule , that all ...
Page lxix
... express or implied , 259 , 261 ; implied obligations not favoured at law , ib .; implied obliga- tions on sale of land , 260 , 261 - on sale of chattels , ib .; express obliga- tions commonly entered into on sale , 261 . SECT . 1. - Of ...
... express or implied , 259 , 261 ; implied obligations not favoured at law , ib .; implied obliga- tions on sale of land , 260 , 261 - on sale of chattels , ib .; express obliga- tions commonly entered into on sale , 261 . SECT . 1. - Of ...
Page 3
... express or implied . On a mere sale , without any special stipulations , the obligation is , on the one hand , to transfer the property in the thing sold to the vendee ; on the other , to pay the price to the vendor . Under this head ...
... express or implied . On a mere sale , without any special stipulations , the obligation is , on the one hand , to transfer the property in the thing sold to the vendee ; on the other , to pay the price to the vendor . Under this head ...
Page 8
... express pro- mise to pay after he had attained his majority . In Harmer v . Killing , 5 Esp . 102 , Lord Alvanley followed the same course ; and in Cohen v . Arm- strong , 1 M. & S. 724 , Lord Ellen- borough observes , " This form of ...
... express pro- mise to pay after he had attained his majority . In Harmer v . Killing , 5 Esp . 102 , Lord Alvanley followed the same course ; and in Cohen v . Arm- strong , 1 M. & S. 724 , Lord Ellen- borough observes , " This form of ...
Page 14
... express authority would be revoked by death , so also is this implied authority . If , therefore , a tradesman has been in the habit of supplying goods to a woman living with a man as his wife , and continue to supply them after his ...
... express authority would be revoked by death , so also is this implied authority . If , therefore , a tradesman has been in the habit of supplying goods to a woman living with a man as his wife , and continue to supply them after his ...
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Common terms and phrases
acceptance action agent agreed agreement amount ascer assignees attorney Beav biddings bill of lading Bing chaser chattel circumstances Clerk considered consignee contract of sale conveyance counsel Court held Court of Chancery Court of equity decree deed defendant delivered delivery deposit effect enforce entitled Exch ground Hare indorsed interest lease liable lien Lincoln's Inn Lord Cottenham Lord Eldon Lord Ellenborough Lord Langdale lots Madd matter ment necessary notice observed paid parol evidence particular party payment person plaintiff possession principle purchase-money purchaser question receipt reference refused rent rescind right of stoppage rule sale of land SECT sell seller shew shewn ship signed Smith sold solicitor specific performance Statute of Frauds stipulation subject of sale sufficient tenant tion tract transaction transitu trustee unless vendee vendor Vict void warranty
Popular passages
Page 234 - Such notice may be given either to the person in actual possession of the goods or to his principal. In the latter case the notice, to be effectual, must be given at such time and under such circumstances that the principal, by the exercise of reasonable diligence, may communicate it to his servant or agent in time to prevent a delivery to the buyer.
Page 137 - 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...
Page 6 - That no Action shall be maintained whereby to charge any Person upon any Promise made after full Age to pay any Debt contracted during Infancy, or upon any Ratification after full Age of any Promise or Simple Contract made during Infancy, 'unless such Promise or Ratification shall be made by some Writing signed by the Party to be charged therewith.
Page 110 - ... hereditaments, made or created by livery and seisin only, or by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorized by writing, shall have the force and effect of leases or estates at will only, and shall not either in law or equity be deemed or taken to have any other or greater force or effect; any consideration for making any such parol leases or estates, or any former law or usage, to the contrary notwithstanding.
Page 277 - ... where the misdescription, although not proceeding from fraud, is in a material and substantial point, so far affecting the subjectmatter of the contract, that it may reasonably be supposed, that, but for such misdescription, the purchaser might never have entered into the contract at all, in such case the contract is avoided altogether, and the purchaser is not bound to resort to the clause of compensation.
Page 138 - ... 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 110 - ... shall have the force and effect of leases or estates at will only, and shall not either in law or equity be deemed or taken to have any other or greater force or effect; any consideration for making any such parol leases or estates, or any former law or usage, to the contrary notwithstanding. II. Except nevertheless all leases not exceeding the term of three years from the making thereof, whereupon the rent reserved to the landlord, during such term, shall amount unto two third parts at the least...
Page 43 - Every contract made for or about any matter or thing which is prohibited and made unlawful by any statute is a void contract, though the statute itself does not mention that it shall be so, but only inflicts a penalty on the offender, because a penalty implies a prohibition, though there are no prohibitory words in the statute.
Page 102 - ... no tradesman, artificer, workman, labourer, or other person whatsoever shall do or exercise any worldly labour, business or work of their ordinary callings, upon the Lord's Day, or any part thereof (works of necessity and charity only excepted...
Page 138 - ... 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...