A Treatise on the Law of Sale, Book 282 |
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Page xv
... CONTRACT . CHAP . I. OF THE EXECUTION OF THE CONTRACT BY THF VENDEE 888 What Acts amount to Payment of the Price CHAP . II . OF THE DIFFERENT KINDS OF DELIVERY AND ITS ib . EFFECTS . Actual and Constructive Delivery Effect of Delivery ...
... CONTRACT . CHAP . I. OF THE EXECUTION OF THE CONTRACT BY THF VENDEE 888 What Acts amount to Payment of the Price CHAP . II . OF THE DIFFERENT KINDS OF DELIVERY AND ITS ib . EFFECTS . Actual and Constructive Delivery Effect of Delivery ...
Page 1
... CONTRACT OF SALE . 1. Ir is obvious that the contract of sale must be substantially the same in all civilized countries , in as far as regards its general character , and in the ordinary consequences which result from it . From this ...
... CONTRACT OF SALE . 1. Ir is obvious that the contract of sale must be substantially the same in all civilized countries , in as far as regards its general character , and in the ordinary consequences which result from it . From this ...
Page 2
... contract , and the general rule , in the sale of moveables at least , is , that the contract may be completed by the bare consent of parties , without delivery , and without the intervention of writing , or any other solemnity * . Stair ...
... contract , and the general rule , in the sale of moveables at least , is , that the contract may be completed by the bare consent of parties , without delivery , and without the intervention of writing , or any other solemnity * . Stair ...
Page 3
... contract , or their agents thereunto lawfully authorised . ' 6 6. II . A second distinction of greater importance relates to the legal effect of the completion of the mere contract of sale , previous to the performance of the reciprocal ...
... contract , or their agents thereunto lawfully authorised . ' 6 6. II . A second distinction of greater importance relates to the legal effect of the completion of the mere contract of sale , previous to the performance of the reciprocal ...
Page 6
... contract of sale before delivery , it is evidently of great importance to keep in view , that in questions arising out of the contract of sale in the law of Scotland , the word Property ' is , in all cases , used to de- note the jus in ...
... contract of sale before delivery , it is evidently of great importance to keep in view , that in questions arising out of the contract of sale in the law of Scotland , the word Property ' is , in all cases , used to de- note the jus in ...
Contents
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Other editions - View all
Common terms and phrases
action actual delivery afterwards agent appeared assignees bankrupt bankruptcy bargain bill of lading bona fide bona fide purchaser bought bound buyer carrier certificate of registry circumstances claim consent consignee consignor constructive delivery Contr contract of sale Court Court of Session creditors damages debt defendant delivered disponed doctrine effect empt emptor entitled Ersk eviction fraud ground hands held heritable horse indorsement infeftment insolvency interlocutor lands law of Scotland letter liable lien Lord Ellenborough Lord Ordinary Lord Stair merely moveables offer opinion owner paid pay the price payment person plaintiff port possession Poth Pothier principle purchaser pursuer quantity question received remain right of stoppage Roman law rule sell seller sent ship or vessel Stair statute stoppage in transitu supra teinds thereof thing sold third party tion transfer trover trustee vendee vendee's vendor Vente Vide warehouse warrant wharfinger
Popular passages
Page 3 - That no contract for the sale of any goods, wares, and merchandise, 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...
Page 587 - 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 145 - That every contract made for or about any matter or thing which is prohibited and made unlawful by any statute is a void contract, though the statute itself doth not mention that it shall be so, but only inflicts a penalty on the offender, because a penalty implies a prohibition, though there are no prohibitory words in the statute...
Page 370 - ... sent by a carrier, though he does not name any particular carrier, the moment the goods are delivered to the carrier it operates as a delivery to the purchaser; the whole property immediately vests in him; he alone can bring any action for any injury done to the goods; and if any accident happen to the goods it is at his risk.
Page 92 - Method and in case of any Alteration of Property, in the same Port, by the Sale of one or more Shares in any Ship after registering thereof, such Sale shall always be acknowledged by Endorsement on the Certificate of Register before two Witnesses, in order to prove, that the entire Property in such Ship remains to some of Our Subjects of Great Britain, if any Dispute shall arise concerning the same.
Page 8 - As soon as the bargain is struck, the property of the goods is transferred to the vendee, and that of the price to the vendor; but the vendee cannot take the goods until he tenders the price agreed on. But if he tenders the money to the vendor, and he refuses it, the vendee may seize the goods, or have an action against the vendor for detaining them.
Page 301 - But it signifies nothing, whether a man represents a thing to be different from what he knows it to be, or whether he makes a representation which he does not know at the time to be true or false, if, in point of fact, it turns out to be false.
Page 133 - The contract is complete and nothing is left to be done. The seller, indeed, knows what the buyer is going to do with the goods, but has no concern in the transaction itself. It is not a bargain to be paid in case the vendee should succeed in landing the goods; but the interest of the vendor is totally at an end, and his contract complete, by the delivery of the goods at Dunkirk.
Page 184 - ... that an agent employed to sell cannot make himself the purchaser, nor, if employed to purchase, can he be himself the seller.
Page 10 - I state it to be a clear proposition, that the vendor of goods not paid for, may retain the possession against the vendee ; not by aid of any equity, but on grounds of law. Our oldest books consider the payment of the price (day not being given) as a condition precedent implied in the contract of sale ; and that the vendee cannot take the goods, nor sue for them without tender of the price. If day had been given for payment, and the vendee could support...