A Treatise on the Law of Auctions, with an Appendix of Precedents |
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Page iv
... question has come before Lord Chief Justice Best at nisi prius , in the case of Crowther v . Austin , which was an action brought by the vendor against the purchaser of a horse sold by auction , to recover the price ; when his Lordship ...
... question has come before Lord Chief Justice Best at nisi prius , in the case of Crowther v . Austin , which was an action brought by the vendor against the purchaser of a horse sold by auction , to recover the price ; when his Lordship ...
Page 6
... question is , whether this action can be maintained ? I am clearly of opinion that it cannot ; it is founded on a contract . If it were in the power of a plaintiff to convert that which arises out of a contract into a tort , there would ...
... question is , whether this action can be maintained ? I am clearly of opinion that it cannot ; it is founded on a contract . If it were in the power of a plaintiff to convert that which arises out of a contract into a tort , there would ...
Page 8
... question for the Jury to determine ; in determining which they will consider the infant's estate and condition . As the privilege which the law allows to infants is intended entirely for their benefit , and to prevent them from being ...
... question for the Jury to determine ; in determining which they will consider the infant's estate and condition . As the privilege which the law allows to infants is intended entirely for their benefit , and to prevent them from being ...
Page 16
... question was irregular , there being no justification on the record ; but Lord Ellenborough said , " You have alleged that there was an agreement between the parties ; and this allegation you must prove , as it is put in issue by the ...
... question was irregular , there being no justification on the record ; but Lord Ellenborough said , " You have alleged that there was an agreement between the parties ; and this allegation you must prove , as it is put in issue by the ...
Page 20
... question having been objected to on the part of the plaintiff , the defendant's counsel stated , that they proposed to shew that there was a warranty by the auctioneer , that the quantity of timber con- The tained in lot 1 would amount ...
... question having been objected to on the part of the plaintiff , the defendant's counsel stated , that they proposed to shew that there was a warranty by the auctioneer , that the quantity of timber con- The tained in lot 1 would amount ...
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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.