PART III. OBLIGATIONS IMPOSED BY LAW. SECTION 1708. Abstinence from injury. 1709. Fraudulent deceit. 1710. Deceit, what. 1711. Deceit upon the public, etc. 1712. Restoration of thing wrongfully acquired. 1713. When demand necessary. 1714. Responsibility for wilful acts, negligence, etc. from injury. SEC. 1708. Every person is bound, without contract, to Abstinence abstain from injuring the person or property of another, or infringing upon any of his rights. N. Y. C. C., Sec. 847. deceit. SEC. 1709. One who wilfully deceives another with Fraudulent intent to induce him to alter his position to his injury or risk, is liable for any damage which he thereby suffers. N. Y. C. C., Sec. 848. SEC. 1710. A deceit, within the meaning of the last Deceit, what. section, is either 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true. 2. The assertion, as a fact, of that which is not true, by one who has no reasonable ground for believing it to be true. 3. The suppression of a fact, by one who is bound to disclose it, or who gives information of other facts which are likely to mislead for want of communication of that fact; or, 4. A promise, made without any intention of performing it. N. Y. C. C., Sec. 849. SEC. 1711. One who practices a deceit with intent to defraud the public, or a particular class of persons, is Deceit upon etc." the public, Restoration of thing wrongfully acquired When de mand neces sary. Responsibility for wilful acts, negli. gence, etc. Other obligations. deemed to have intended to defraud every individual in that class, who is actually misled by the deceit. SEC. 1712. N. Y. C. C., Sec. 850. One who obtains a thing without the consent of its owner, or by a consent afterwards rescinded, or by an unlawful exaction which the owner could not at the time prudently refuse, must restore it to the person from whom it was thus obtained, unless he has acquired a title thereto superior to that of such other person, or unless the transaction was corrupt and unlawful on both sides. N. Y. C. C., Sec. 851. SEC. 1713. The restoration required by the last section must be made without demand; except where a thing is obtained by mutual mistake, in which case the party obtaining the thing is not bound to return it until he has notice of the mistake. N. Y. C. C., Sec. 852. SEC. 1714. Every one is responsible, not only for the result of his wilful acts, but also for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person; except so far as the latter has, wilfully, or by want of ordinary care, brought the injury upon himself. N. Y. C. C., Sec. 853. SEC. 1715. Other obligations are prescribed by Divs. First and Second of this Code. N. Y. C. C., Sec. 854. PART IV. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS. TITLE I. SALE. II. EXCHANGE. III. DEPOSIT. IV. LOAN. V. HIRING. VI SERVICE. VII. CARRIAGE. VIII. TRUST. IX. AGENCY. X. PARTNERSHIP. XI. INSURANCE. XII. INDEMNITY. XIII. GUARANTY. XIV. LIEN. XV. NEGOTIABLE INSTRUMENTS. XVI. GENERAL PROVISIONS. TITLE I. SALE. CHAPTER I. GENERAL PROVISIONS. II. RIGHTS AND OBLIGATIONS OF THE SELLER. CHAPTER I. GENERAL PROVISIONS. ARTICLE I. SALE. II. AGREEMENTS FOR SALE. ARTICLE I. SALE. Sale, what. Subject of sale. SECTION 1721. Sale, what. 1722. Subject of sale. SEC. 1721. Sale is a contract by which, for a pecuniary consideration, called a price, one transfers to another an interest in property. N. Y. C. C., Sec. 855. SEC. 1722. The subject of sale must be property, the title to which can be immediately transferred from the seller to the buyer. N. Y. C. C., Sec. 856. Agreement for sale. Agreement to sell. Agreement to buy. ARTICLE II. AGREEMENTS FOR SALE. SECTION 1726. Agreement for sale. 1727. Agreement to sell. 1728. Agreement to buy. 1729. Agreement to seil and buy. 1730. What may be the subject of the contract. 1731. Agreement to sell real property. 1732. Authority of agent to execute executory contract must be in writing. 1733. Form of grant required by such contract. Code Covenants. 1734. Usual Common Law Covenants required by such contracts, when. 1735. Form of such covenants. SEC. 1726. An agreement for sale is either 1. An agreement to sell. 2. An agreement to buy; or, 3. A mutual agreement to sell and buy. N. Y. C. C., Sec. 857. SEC. 1727. An agreement to sell is a contract by which one engages, for a price, to transfer to another the title to a certain thing. N. Y. C. C., Sec. 858. SEC. 1728. An agreement to buy is a contract by which one engages to accept from another, and pay a price for the title to a certain thing. N. Y. C. C., Sec. 859. |