A Treatise on the Law of Auctions, with an Appendix of Precedents |
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Page 16
... evidence upon a plea of non est factum to a deed , of non concessit to a grant , and of non assumpsit to a promise . " It appeared that the defendant had become quite drunk in the company of the plaintiff before signing the agreement ...
... evidence upon a plea of non est factum to a deed , of non concessit to a grant , and of non assumpsit to a promise . " It appeared that the defendant had become quite drunk in the company of the plaintiff before signing the agreement ...
Page 18
... evidence of any thing said at the time of the sale , to add to or vary such printed conditions , the greatest accuracy and attention should be observed in drawing up the conditions of sale , in order not only that they should comprise ...
... evidence of any thing said at the time of the sale , to add to or vary such printed conditions , the greatest accuracy and attention should be observed in drawing up the conditions of sale , in order not only that they should comprise ...
Page 19
... evidence was not admissible , as it would open a door to fraud and inconvenience , if an auctioneer were permitted to make verbal declarations in the auction - room con- trary to the printed conditions of sale . And in Powell v ...
... evidence was not admissible , as it would open a door to fraud and inconvenience , if an auctioneer were permitted to make verbal declarations in the auction - room con- trary to the printed conditions of sale . And in Powell v ...
Page 21
... evidence , there being no such warranty contained in the printed conditions of sale ; but stated that , if it were necessary , they were prepared to shew that the defendant had carried away the whole timber . The learned Judge , however ...
... evidence , there being no such warranty contained in the printed conditions of sale ; but stated that , if it were necessary , they were prepared to shew that the defendant had carried away the whole timber . The learned Judge , however ...
Page 22
... evidence . The case alluded to is that of Jenkinson v . Pepys , in which it appeared , that on a sale by auction of an estate , upon which there was a con- siderable quantity of timber and underwood , the conditions of sale were ...
... evidence . The case alluded to is that of Jenkinson v . Pepys , in which it appeared , that on a sale by auction of an estate , upon which there was a con- siderable quantity of timber and underwood , the conditions of sale were ...
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Common terms and phrases
act of bankruptcy action brought acts of parliament aforesaid afterwards agent agreement assignees assumpsit auction duty auctioneer's authority back the deposit bankrupt behalf Bexwell bill brought to recover buyer catalogue chaser chattels conditions of sale consignee contract conveyance court of equity declared defendant delivered employed to sell enacted entitled to recover equity fendant fourteen days hath Heelis held highest bidder horse land last mentioned liable licence lien Lord Ellenborough Lord Kenyon Lord Mansfield lots maintain an action memorandum ment merchandize nonsuit notice office of excise opinion owner paid particular parties payment performed and fulfilled person pimento plaintiff possession premises public auction purchase money received recover back refused resale sales by auction SECT seller shew signed sold specific performance statute of frauds Taunt Term Rep thereof timber tion tioneer transitu trover vendee vendor verdict wares writing
Popular passages
Page 52 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing...
Page 99 - If any bankrupt, at the time he becomes bankrupt, shall, by the consent and permission of the true owner thereof, have in his possession, order, or disposition, any goods or chattels, whereof he was reputed owner...
Page 65 - June no contract for the sale of any goods, wares and merchandizes, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part of payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.
Page 119 - We may lay it down as a broad general principle that wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it
Page 29 - Every bidding is nothing more than an offer on one side, which is not binding on either side till it is assented to. But according to what is now contended for, one party would be bound by the offer, and the other not, which can never be allowed.
Page 78 - Agreement, or any minute or memorandum of an agreement, made in England or Ireland under hand only, or made in Scotland without any clause of registration, and not otherwise...
Page 71 - that, to satisfy the statute, there must be a delivery by the vendor, with an intention of vesting the right of possession in the vendee, and there must be an actual acceptance by the latter, -with the intent of taking possession as owner...
Page 65 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
Page 60 - ... agreement upon which such action shall be brought or some note or memorandum thereof shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 123 - A seller is unquestionably liable to an action of deceit, if he fraudulently represent the quality of the thing sold to be other than it is, in some particulars, which the buyer has not equal means with himself of knowing; or if he do so, in such a manner as to induce the buyer to forbear making the inquiries, which for his own security and advantage he would otherwise have made.