A Treatise on the Law of Sale of Personal Property, 2권

앞표지
Callaghan, 1901 - 1578페이지
 

선택된 페이지

목차

CHAPTER VI
719
Methods of defrauding 930
720
Bona fide purchasers from fraudulent grantee
721
Must be present representation and not mere promise as to future 870
726
Misrepresentations concerning title 931
789
Representation as to quantity 938 939
801
Basis and extent of creditors right to interfere 949 950
809
Retention of possession by seller as badge of fraud 960
816
How on sale of goods to which the seller had no title
836
Who are creditors 969
841
Law will not compel rescission
860
Agreements partly illegal Divisible agreements
867
Sales in furtherance of social vices
881
BOOK IV
919
In general
920
Statement of some objections as a waiver of others 1077
926
Rights of one party when the other renounces 1088 1089
932
Stopping performance of executory contract 1091 1092
940
That the Buyer has Become Insolvent
947
Unexpected expense does not excuse 1105
954
CHAPTER II
957
Delivery by instalments Breach of one of successive performances 1140
983
The Thing to be Delivered
1004
Amount delivered must be the amount agreed upon 1157
1011
Must be to buyer or some one who represents him for that purpose 1172
1024
Undertaking of seller to send ship or forward goods how sat
1030
1197
1042
CHAPTER IV
1048
Fitness for intended use a condition precedent
1054
Purpose of this chapter 840
1058
Warranties by agents 1278 1279
1059
Warranty to be distinguished from condition 1231
1067
Reference to other warranties or to printed statements Warranty
1074
Consideration for the warrantyTime of making it 12471249
1084
Written contract does not exclude implied warranties 1258
1095
Express warranty after inspection 1275
1109
Agents implied authority to warrant title 1280
1111
IMPLIED WARRANTIES
1117
Implied Warranties of Quality
1127
Genuineness
1145
Implied warranty of fitness where goods for particular use 1343 1344
1163
How when agency unknown 1451 1452
1245
If authorized to take check or note has no authority to indorse
1251
In general 14701472
1256
Interception by buyers agent Agent to receive or forward 15581561
1257
What claims the lien precedes 1476
1262
Effect of part payment 1500
1271
Revival of Lien on Insolvency of Purchaser
1279
Interception by subpurchaser Mere resale does not defeat stoppage 1562
1307
Interception by buyers creditors Attachment Garnishment 1571
1313
To what kinds of property right of resale attaches 1624
1344
The manner of resale 1640 1641
1352
Nature of right of resale 1649
1358
panies 1359
1359
At expiration of term of credit 1663
1364
Title passing though goods not delivered 1667
1366
WHERE THE TITLE HAD NOT PASSED
1372
Countermanding performance of executory contract 1699
1380
Treating contract as rescinded and recovering quantum valebat 1713
1389
Sellers breach of contract to sell and convey 1717
1391
Substantially same remedies as in preceding cases 1781
1392
Loss of profits on resale contracted for 1761
1417
In general 1782
1429
Measure of damages for delay 17901792
1435
Where Goods Defective in Kind Quality or Condition
1441
Notice of defect Offer to return 1811
1448
Measure of damages for breach of warrantyIn general 1817 1818
1450
Measure of damages where goods bought to be resold 1833
1463
In general
1468
Representations must have been proximate cause of injury 1842
1469
12061208
1
Delivery usually to be concurrent with payment
8
Representation must have been made to be acted upon by injured
15
Existing or subsequent creditorsWhat conveyances existing cred
17
Lien revives on expiration of credit
26
Kinds of mistake involved 841
Measure of damages where goods intended for particular use 17711776
THE SELLERS RIGHT OF STOPPAGE IN TRANSITU
Who may take possession for vendee Agent
1221
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1478 페이지 - ... agent acting for him, of the goods or documents of title under any sale pledge or other disposition thereof to any person receiving the same in good faith and without notice of the previous sale shall have the same effect as if the person making the delivery or transfer were expressly authorized by the owner of the goods to make the same.
866 페이지 - The principle of public policy is this: Ex dolo malo non oritur actio. No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
1415 페이지 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
1474 페이지 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller's skill or judgment and the goods are of a description which it is in the course of the seller's business to supply (whether he be the manufacturer or not) there is an implied condition that the goods shall be reasonably fit for such purpose...
1474 페이지 - Subject to the provisions of this Act and of any statute in that behalf, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract to sell or a sale, except as follows...
867 페이지 - the objection that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant.
1480 페이지 - Unless otherwise authorized by the buyer, the seller must make such contract with the carrier on behalf of the buyer as may be reasonable, having regard to the nature of the goods and the other circumstances of the case.
1485 페이지 - Action for damages for non-acceptance of the goods. (1) Where the buyer wrongfully neglects or refuses to accept and pay for the goods the seller may maintain an action against him for damages for non-acceptance. (2) The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer's breach of contract.
1484 페이지 - Where, under a contract to sell or a sale, the price is payable on a day certain, irrespective of delivery or of transfer of title, and the buyer wrongfully neglects or refuses to pay such price, the seller may maintain an action for the price, although the property in the goods has not passed, and the goods have not been appropriated to the contract.
1476 페이지 - Where the seller of goods draws on the buyer for the price, and transmits the bill of exchange and bill of lading to the buyer together to secure acceptance or payment of the bill of exchange, the buyer is bound to return the bill of lading if he does not honour the bill of exchange, and if he wrongfully retains the bill of lading the property in the goods does not pass to him.

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