Benjamin's Treatise on the Law of Sale of Personal Property: With References to the American Decisions and to the French Code and Civil LawBowen-Merrill Company, 1899 - 1085 pages |
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Benjamin's Treatise on the Law of Sale of Personal Property: With References ... Judah Philip Benjamin No preview available - 2017 |
Benjamin's Treatise on the Law of Sale of Personal Property: With References ... Judah Philip Benjamin No preview available - 2017 |
Common terms and phrases
17th section acceptance action actual receipt after-acquired property afterwards agent agreed agreement Allen AMERICAN NOTE assumpsit authority bargain Bayley bill of lading bind Bing Blackburn bought and sold bought note broker buyer cargo carrier chattel cited common law Company condition Conn contract of sale creditors decided decision defendant defendant's delivered delivery Exchequer of Pleas executory fact free on board ground infant intention invoice judges judgment jury L. J. Ex labor letter liable Lord Lord Ellenborough market overt Mass mistake necessary nonsuit offer opinion owner paid parol evidence parties pass payment plaintiff possession principle purchaser Queen's Bench question received recover refused replevin rule satisfy the statute saying sell seller sent ship signature signed Smith sold notes Statute of Frauds sub-vendee sufficient thing sold third person tion transfer trover valid vendee vendor Wisc writing
Popular passages
Page 194 - ... 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 809 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 118 - ... or to charge any person upon any agreement made upon consideration of marriage ; or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them ; or upon any agreement that is not to be performed within the space of one year from the making thereof...
Page 140 - ... 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 823 - That any bill of lading, India warrant, dock warrant, warehousekeeper's certificate, warrant, or order for the delivery of goods, or any other document used in the ordinary course of business as proof of the possession or control of goods ; or authorizing or purporting to authorize, either by endorsement or by delivery, the possessor of such document to transfer or receive goods thereby represented...
Page 30 - 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 442 - The general rule is, that the master is answerable for every such wrong of the servant or agent as is committed in the course of the service and for the master's benefit, though no express command or privity of the master be proved.
Page 391 - Ignorantia juris haud excusat; but in that maxim the word 'jus' is used in the sense of denoting general law, the ordinary law of the country. But when the word 'jus' is used in the sense of denoting a private right, that maxim has no application. Private right of ownership is a matter of fact ; it may be the result also of matter of law; but if parties contract under a mutual mistake and misapprehension as to their relative and respective rights, the result is, that that agreement is liable to be...
Page 418 - ... the House of Lords, affirming the decision of the Court of Appeal, that the...
Page 823 - ... shall have transferred to and vested in him all rights of suit, and be subject to the same liabilities in respect of such goods as if the contract contained in the bill of lading had been made with himself.