 | 1875 - 462 σελίδες
...Massachusetts court established, In Mirer v. Iinrarth, 21 Pick. 205, a rule between these extremes, namely, that a contract for the sale of articles then...general market, the case is not within the statute. SKETCHES OF EMINENT ENGLISH JUDGES. ELDON. ANE of the most venerable figures in English " jndicial... | |
 | Judah Philip Benjamin - 1877 - 984 σελίδες
...Howarth, 21 Pick. 205, "has been recognized and affirmed in repeated decisions of more recent date. The effect of these decisions we understand to be...general market, the case is not within the statute." " We see no ground for holding that there is any uncertainty in the rule itself. On the contrary, its... | |
 | William Wait - 1878 - 1026 σελίδες
...or as the result of a special order. In a recent case the result of the decisions is stated to be " that a contract for the sale of articles then existing,...general market, the case is not within the statute." Godda/rd v. Binney, 115 Mass. 450 ; SC, 15 Am. Rep. 112. Under this rule a contract to buy a certain... | |
 | Judah Philip Benjamin - 1881 - 1076 σελίδες
...more recent date. The effect of these ,, . Uiurarliii. decisions we understand to be KttBorltethis, namely, that a contract **' for the sale of articles...general market, the case is not within the statute. We see no ground for holding that there is any uncertainty in the rule itself. On the contrary, its... | |
 | Henry Reed - 1884 - 804 σελίδες
...or not, is a contract for the sale of goods to which the Statute applies ; but, on the other band, if the goods are to be manufactured especially for...general market, the case is not within the Statute."^) Again it has been said, " That where a contract is made for an article not existing at the time in... | |
 | Massachusetts. Supreme Judicial Court - 1884 - 1386 σελίδες
...tho statute applies. But on the other hand, if the goods !ire to be manufactured especially for tho purchaser, and upon his special order, and not for...general market, the case is not within the statute. Spencer v. Cone, 1 Met. 283. " The distinction," says Chief Justice Shaw, in Lambv. Crafty, 12 Met.... | |
 | 1886 - 838 σελίδες
...for the sale of articles then existing, or such as the vendor, in the ordinary course of his busines, manufactures or procures for the general market, whether...general market, the case is not within the statute: Spencer v. Cone, 1 Met. 2S3." The distinction in the Massachusetts cases is well pointed out in Cooker.... | |
 | 1886 - 870 σελίδες
...for the sale of goods, to which the statute applies. But on the other hand, if the goods are t<> lie manufactured especially for the purchaser, and upon...general market, the case is not within the statute:" Goddard T. Binnry, supra. CABSLET ET AL. v. WHTTE ET ATH [21 PlCKXBBTO, 2.M .| No POSITIVE BULB OF... | |
 | Iowa. Supreme Court - 1892 - 882 σελίδες
...in the ordinary course of business, manufactures or procures for the general market, whether on hand or not, is a contract for the sale of goods, to which...general market, the case is not within the statute." Goddard v. B'mney, 115 Mass. 450. In O'Xeil v. Mining Co., 3 Nev. 141, the court, virtually following... | |
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The effect of these decisions we understand to be this, namely, that a contract for the sale of articles then existing, or such as the vendor in the ordinary course of his business manufactures or procures for the general market, whether on hand at the... 
