The Law of Sales of Personal Property: As Now Established in the United States and Great Britain

Εξώφυλλο
Bancroft-Whitney Company, 1887 - 696 σελίδες
 

Περιεχόμενα

30
15
Delivery to manufacturer
22
Delivery under conditional sales 20 Privilege of purchase
25
Privilege of return
26
Sale or lease
27
Sale or pledge
28
Sale or mortgage
30
Sale or consignment
31
Remedies in such transactions
33
Sale or payment 2 28 Further distinctions
34
When lacking 31 Parties consenting 32 Offer to sell 33 Correspondence of acceptance with offer 34 Applications of requirement 35 Time for accepta...
36
Contract by telegraph
59
Implied sales
62
CHAPTER IV
64
Intoxicated persons
66
Infants sales and purchases 249
67
Infants necessaries
68
Express contract for necessaries
70
Trading purchases of infants
71
Misrepresentation of age by infant
72
Ratification after majority
73
Disaffirming transaction
74
Married women at common
75
Disposition of bill of exchange
149
Transmission to buyer of indorsed bill of lading
150
Transmission to secure advances
151
Sellers transmission to agent of bill of lading
152
In general
153
Contract or conveyance
154
Intention to pass title
155
Intention governs
156
Sufficiency of intention
157
Without payment or delivery
158
Right of possession
159
Change of risk
160
Requisites to transfer of title
161
Need of delivery
164
Need of assent
166
Unfinished chattel
168
Shipbuilding contracts
170
Payment of instalments of price
172
Unattached materials
173
Title to chattels not finished
175
Title to unfinished vessels
176
CHAPTER XI
179
Acts of appropriation
181
Appropriation by seller
183
Determining election
185
Assent to appropriation
186
Acts of assent
189
Restricted appropriation
191
Conformity to contract
193
Excess in quantity of goods
194
Substitution of other goods 136 Delivery as showing appropriation
195
Delivery to carrier
196
Delivery free on board
198
Dispatching goods
200
Handing over documents
201
Accepting or discounting bill of exchange
203
CHAPTER XII
205
Warehouse receipts
216
Documents of title
217
Statutory scope of term
218
Delivery orders
219
Dock warrants
220
Assumption of risk 163 Stipulations concerning risk delivery and payment
221
Title to undelivered chattel 165 Delivery sufficient to pass title
238
Delivery as prerequisite to transfer of title
240
When delivery not such prerequisite 168 Estoppel of seller
242
Estoppel of warehouseman
243
CHAPTER XIV
245
Ostensible ownership or authority
254
Purchase of stolen goods
255
Liability of agent or bailee
257
Markets overt
258
Extent of exemption
260
Not recognized in this country
261
Lost chattels
263
Purchase generally from one lacking title
271
State of title governs
273
Demand
275
Purchase from one having a voidable or defeasible title
277
Sale with condition subsequent
278
Sale with condition precedent 195 Delivery as waiver of condition
282
Sellers possession
283
Transfers by fraudulent vendees
284
Superior equity of innocent purchaser 199 Estoppel of owner
287
Voidable or defeasible title
289
Title of innocent purchaser
291
Title of fraudulent vendee
292
Statements of doctrine
293
Prevalence of exemption
294
Limitations upon exemption
296
Obtaining goods by false pretenses
298
CHAPTER XV
300
CHAPTER XVI
307
Bills of lading
309
Nature and effect
310
Shipping receipts
311
Estoppel of shipowners
312
Form and requisites
317
Expressions of opinion
318
CHAPTER XVII
319
Delivery and payment concurrent
325
Credit sale
326
Delivery under expectation of payment
327
Contract for indefinite quantity
337
Partial delivery
338
Delivery by instalments
340
Mode of making
341
Symbolical delivery 241 Constructive delivery
343
Delivery of bill of sale
345
Delivery of bills of lading
346
Delivery of warehouse receipts 245 Excuses for failure to deliver
348
Relation to third parties
349
Sufficiency of delivery against creditors
351
Delivery to carrier
353
Sellers duties concerning such delivery
356
Directions concerning transportation
357
Delivery to warehouseman
358
Inspection and acceptance
359
Delivery to pass title
360
Various points concerning delivery
361
In general
362
CHAPTER XVIII
364
CHAPTER XIX
379
Payment in negotiable paper
380
Credit sales
382
Mode of making
383
CHAPTER XX
384
Acceptance
401
What constitutes acceptance
403
Actual receipt
407
Intervention of carriers
408
Memorandum in general
409
Form of memorandum
410
Contents of memorandum
412
Parol evidence concerning memorandum 290 Modification of original bargain
416
Signature to memorandum
417
Compliance by agents
419
Brokers memorandum
423
CHAPTER XXI
424
Conditions in sales
427
Impossibility of performance
428
Stipulations concerning time and place of performance 298 Notice
431
Payment as condition precedent
432
Conditions sustained despite delivery 301 Rights of creditors and purchasers
436
Waiver estoppel
439
Waiver by delivery
441
Sellers delay
442
Resumption of possession
443
306 Sales on instalment plan
444
Various conditions
447
Sales on trial
448
Right to return goods
449
Sale or return
451
Sale of goods to arrive
453
Sake by sample or description
454
Genuine character of securities
457
Failure to furnish stipulated securities
458
CHAPTER XXII
460
Patent defects
468
Soundness or other qualities of animals
469
Qualified or conditional warranty
471
Notice of defects
473
CHAPTER XXIII
475
NEWMARK SALES
481
CHAPTER XXIV
487
Opportunity for inspection
489
Implied warranty of quality
492
CHAPTER XXV
494
Finality of inspection 2339 Liability of manufacturer
501
CHAPTER XXVI
505
CHAPTER XXVII
512
CHAPTER XXVIII
517
Sellers knowledge or fault lacking
519
CHAPTER XXIX
521
Buyers remedies
526
Knowledge of guilty purpose 364 Insufficiency of mere knowledge 2365 Participation and aiding 366 Executory and executed contracts
542
Sales illegal at common
548
Violation of public policy
549
Wagering contracts
551
Concerning public offices and officers
553
Concerning litigation
554
Restraint of trade
555
Transfer of goodwill
556
Violation of statutes
557
Sales of intoxicating liquors
558
Sunday sales
559
CHAPTER XXXII
561
As to subjectmatter
563
Concerning identity of article
564
Concerning price
565
Concerning quantity 383 Concerning quality
566
Concerning person
567
Remedies of parties
568
FAILURE OF CONSIDERATION
570
CHAPTER XXXIV
576
CHAPTER XXXV
584
CHAPTER XXXVI
594
CHAPTER XXXVII
598
Giving credit
602
Subsale and estoppel
603
CHAPTER XXXVIII
605
Duration of transit
607
Capacity of middleman
611
In equity 57 Under statutes
661
Sole traders by custom 59 Separate trading under special enactments
675
Delivery terminating transit
682
By whom right exercised 417 Mode of exercising right 418 Mode of defeating right
683
Πνευματικά δικαιώματα

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Συχνά εμφανιζόμενοι όροι και φράσεις

Δημοφιλή αποσπάσματα

Σελίδα 409 - ... 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 payment...
Σελίδα 17 - ... the specific article, and the receiver is at liberty to return another thing of equal value, he becomes a debtor to make the return, and the title to the property is changed, — it is a sale.
Σελίδα 382 - If goods are sold upon credit, and nothing is agreed upon as to the time of delivering the goods, the vendee is immediately entitled to the possession, and the right of possession and the right of property vest at once in him ; but his right of possession is not absolute, it is liable to be defeated if he becomes insolvent before he obtains possession : Tooke v.
Σελίδα 305 - ... the bare possession of goods by one, though he may happen to be a dealer in that class of goods, does not clothe him with power to dispose of the goods as though he were owner, or as having authority as agent to sell or pledge the goods, to the preclusion of the right of the real owner.
Σελίδα 551 - ... fall of prices, and the goods are not to be delivered, but one party is to pay to the other the difference between the contract price and the market price of the goods at the date fixed for executing the contract, then the whole transaction constitutes nothing more than a wager, and is null and void.
Σελίδα 228 - When the terms of sale are agreed on, and the bargain is struck, and everything that the seller has to do with the goods is complete, the contract of sale becomes absolute as between the parties, without actual payment or delivery, and the property and the risk of accident to the goods vest in the buyer.
Σελίδα 185 - The rule on the subject of election is, that when, from the nature of an agreement, an election is to be made, the party who is by the agreement to do the first act, which, from its nature, cannot be done till the election is determined, has authority to make the choice, in order that he may be able to do that first act, and when once he has done that act, the election has been irrevocably determined, but till then he may change his mind.1 For example, suppose A.
Σελίδα 317 - Document of title to goods" includes any bill of lading, dock warrant, warehouse receipt or order for the delivery of goods, or any other document used in the ordinary course of business...
Σελίδα 227 - Generally speaking, where a bargain is made for the purchase of goods, and nothing is said about payment or delivery, the property passes immediately, so as to cast upon the purchaser all future risk, if nothing further remains to be done to the goods ; although he cannot take them away without paying the price.
Σελίδα 351 - In determining the kind of possession necessary to be given, regard must be had not only to the character of the property, but also to the nature of the transaction, the position of the parties and the intended use of the property. No such change of possession as will defeat the fair and honest object of the parties is required.

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