A Treatise on the Law of Sale of Personal Property, 2±Ç |
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... 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 ...
... 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 ...
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accept action actual agent agreed agreement amount apply authority Bank bill bought bound buyer circumstances cited claim condition consideration considered contract course court creditors damages defects defendant delivered delivery effect evidence exist express fact false fraud fraudulent give given ground hand held hold horse illegal implied insolvent intention Iowa jury knowledge lien Mass matter means ment Minn necessary notice opinion paid party payment performance person plaintiff possession present principle purchaser quantity question reasonable received recover refused relied remain representation rescind rescission respect rule sell seller ship Smith sold statement statute subsequent sufficient supra tender thing tion tract true unless usually vendee vendor void warranty whole
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866 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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.