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

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Callaghan, 1901 - 1578페이지
 

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Must be present representation and not mere promise as to future 870
726
Representation must have been made to be acted upon by injured
733
OF FRAUD UPON THE SELLER
740
Fraudulently disposing of goods conditionally delivered 890 891
747
Buying goods not intending to pay for them 901 902
755
Remedies of the seller 907
763
Must rescind in toto Rescission as to term of credit only 912
772
Who may rescind 922
783
Misrepresentations concerning title 931
789
Market value 937
797
Sales to defeat creditors usually valid between the parties 947 948
804
Introduction of new parties
808
Conveyance subject to secret lien or trust 956
813
What delivery or change of possession necessary 962
819
Of the nature of the objection in general 828
828
How on sale of invalid patent
834
Purpose of this chapter
840
Who are creditors 969
841
Bona fide purchasers from fraudulent grantee 977
849
Who are purchasers 992
859
Agreements partly illegal Divisible agreements 1003 1004
867
Seller cognizant or participating 10111014
877
Sales in furtherance of gambling 1023
883
Sales promotive of wagering speculation 10301032
889
Sales in furtherance of unlawful combinations 1010
897
What enactments render sale void 1044 1045
905
WHERE THE TITLE HAS NOT PASSED
917
BOOK IV
919
WHAT CONSTITUTES PERFORMANCE
920
Statement of some objections as a waiver of others 1077
926
Rights of one party when the other renounces 1038 1089
932
Stopping performance of executory contract 1091 1092
940
That the Buyer has Become Insolvent
947
Unexpected expense does not excuse 1105
954
In general 1108
955
Of the sellers duty to deliver possession 1116
961
Where time is fixed but not the place 1125
968
Existing or subsequent creditors What conveyances existing cred
972
Time of delivery when no time agreed upon Reasonable time 1129
974
Delivery by instalments Breach of one of successive performances 1140
983
Alterations by consent in time or place of delivery 1151 1152
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
Warranties by agents 1278 1279
1059
How this question determined
1061
Warranty to be distinguished from condition 1231
1067
Reference to other warranties or to printed statements Warranty
1074
Consideration for the warranty Time of making it 12471249
1084
Written contract does not exclude implied warranties 1258
1095
Prevention by one party equivalent to performance by the other
1106
Express warranty after inspection 1275
1109
Agents implied authority to warrant title 1280
1111
Effect of acceptance 1388
1201
In general
1203
Identity of kind a condition precedent
1209
Where there was implied warranty or condition 1392 1393
1210
Time place and quantity as conditions precedent Time
1215
Purpose of the chapter
1221
Money must be genuine
1228
To the seller or his agent 1443
1239
How when agency unknown 1451 1452
1245
If authorized to take check or note has no authority to indorse
1251
In general 14701472
1256
In general 1622 1623
1258
What claims the lien precedes 1476
1262
Transfer by bill of lading 1498
1270
Revival of lien Insolvency of purchaser before actual delivery 1508 1509
1279
Lion revives on expiration of credit 1521
1284
By factor who has bought goods for principal 1530
1290
Goods can be stopped only while in transit 1545 1546
1297
Buyer may intercept the goods 1556
1303
Interception by buyers agent Agent to receive or forward 15581561
1304
No warranty implied on sale of ascertained chattel open to inspection
1311
reach proceeds 1569 1570
1312
Who may take possession for vendee Agent 1593
1332
To whom notice to stop should be given Vendee 1608
1338
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
When payment of price is due On delivery 1661 1662
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
In general 1716
1394
Action at law for damages the usual remedy 1734 1735
1404
Measure of damages where special circumstances were in contempla
1417
Payment by bill or note Buyers note presumptively not payment
1423
No damages for speculative or remote losses 17771779
1428
Recovery of consideration 1793
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
Buyer may recoup damages in action by seller for the price 1844
1472
Effect of acceptance where contract provides that it shall be conclu
1496
No implied warranty of purity of water furnished by water com
1525
Contrary rule in few States
1545
By whom determined 1066
1547
Measure of damages where goods intended for particular use 17711776
2
Purchacer of draft with bill of lading attached 1816
3
On sale by sample warranty implied that bulk is equal to sample
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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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