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

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Callaghan, 1901 - 1578페이지
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목차

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
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
Representation as to quantity 938 939
800
Introduction of new parties
808
Basis and extent of creditors right to interfere 949 950
809
Retention of possession by seller as badge of fraud 960
816
How when article received of no value Caveat emptor 832
832
Who are creditors 969
841
Bona fide purchasers from fraudulent grantee 977
849
Who are purchasers 992
859
Sales in aid of the public enemy 1024 1025
860
Agreements partly illegal Divisible agreements 1003 1004
867
Sales in furtherance of social vices 10201022
881
Sales in violation of liquor laws 1026
885
Sales in furtherance of unlawful combinations 1010
897
What enactments render sale void 1044 1045
905
BOOK IV
919
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
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
Severable contract Failure as to part 1165
1019
Delivery to agent sufficient 1173
1025
Undertaking of seller to deliver the goods how satisfied 1184
1032
CHAPTER IV
1048
Fitness for intended use a condition precedent 1214
1054
Warranties by agents 1278 1279
1059
Warranty defined 1222
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
Express warranty after inspection 1275
1109
Express acceptance 1379
1192
Effect of acceptance 1388
1201
CHAPTER VIII
1219
By contract payment may be due before title passes 1415
1225
Acceptance of forged or invalid note 1429
1233
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
OF THE REMEDIES OF THE SELLER AGAINST THE GOODS
1256
In general 1622 1623
1258
What claims the lien precedes 1476
1262
Effect of part payment 1500
1271
Revival of lien Insolvency of purchaser before actual delivery 1508 1509
1279
Lien 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
Interception by buyers creditors Attachment Garnishment 1571
1313
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
panies 1359
1359
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
fair 1733
1403
Measure of damages where special circumstances were in contempla
1417
What questions arise 1789
1433
Where Goods Defective in Kind Quality or Condition
1441
Notice of defect Offer to return 1811
1448
Measure of damages for breach of warranty In 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
How in sales of commercial instruments 835
Existing or subsequent creditors What conveyances existing cred
Purpose of this chapter 840
Measure of damages where goods intended for particular use 17711776
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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.
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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