The Law of the Contract of SaleDavis and Amer, 1853 - 440 pages |
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Page xli
... original settlers more or less prevail : in Flo- rida , Spanish law ; and in Louisiana , which includes the great commercial city of New Orleans , French law , almost entirely . In the active intercourse , which is constantly carried on ...
... original settlers more or less prevail : in Flo- rida , Spanish law ; and in Louisiana , which includes the great commercial city of New Orleans , French law , almost entirely . In the active intercourse , which is constantly carried on ...
Page xlv
... original peculiarity of intellect and of long culture and habit . It is , on the other hand , the business of the advo- cate to confound the judgment by ob- literating for the moment the lines of de- marcation between what is right and ...
... original peculiarity of intellect and of long culture and habit . It is , on the other hand , the business of the advo- cate to confound the judgment by ob- literating for the moment the lines of de- marcation between what is right and ...
Page 32
... original purchaser had been dead seventeen years , the true nature of the trans- action having been then first discovered . The stern view which the Court takes of transactions of this kind , enforc- ing its principles as against ...
... original purchaser had been dead seventeen years , the true nature of the trans- action having been then first discovered . The stern view which the Court takes of transactions of this kind , enforc- ing its principles as against ...
Page 51
... original nominees they had an influence upon the choice . No one could be chosen without the concur- rence of the persons in whose judgment they reciprocally confided . " " In this case the plaintiff seeks to compel the defendant to ...
... original nominees they had an influence upon the choice . No one could be chosen without the concur- rence of the persons in whose judgment they reciprocally confided . " " In this case the plaintiff seeks to compel the defendant to ...
Page 60
... original transaction , will be set aside upon the same terms as would have been imposed upon the ori- ginal purchaser ; and it makes no difference that the origi- nal vendor joined in the conveyance to the sub - vendee , if he received ...
... original transaction , will be set aside upon the same terms as would have been imposed upon the ori- ginal purchaser ; and it makes no difference that the origi- nal vendor joined in the conveyance to the sub - vendee , if he received ...
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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 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 Master ment necessary notice observed paid parol evidence particular party payment person plaintiff possession principle purchase-money purchaser purpose 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...