A Treatise on the Law of Auctions, with an Appendix of Precedents |
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Page 69
... catalogue ; and the principal afterwards , in a letter to the agent , recognised the purchase . Lord Ellen- borough held , that the initials of the defendant's agent , written by the auctioneer in the catalogue , coupled with the letter ...
... catalogue ; and the principal afterwards , in a letter to the agent , recognised the purchase . Lord Ellen- borough held , that the initials of the defendant's agent , written by the auctioneer in the catalogue , coupled with the letter ...
Page 70
... catalogue the name of the highest bidder , and the sum bid for the particular lots . Lord Ellenborough , in delivering the judgment of the Court , after ex- pressing an opinion that a sale of goods by auction was within the statute of ...
... catalogue the name of the highest bidder , and the sum bid for the particular lots . Lord Ellenborough , in delivering the judgment of the Court , after ex- pressing an opinion that a sale of goods by auction was within the statute of ...
Page 71
... catalogue . But in treating it as such memo- randum throughout , we must intend also ( contrary to the fact ) that the goods were sold for ready money , and unattended by the circumstances spe- cified in the conditions of sale . I am of ...
... catalogue . But in treating it as such memo- randum throughout , we must intend also ( contrary to the fact ) that the goods were sold for ready money , and unattended by the circumstances spe- cified in the conditions of sale . I am of ...
Page 74
... catalogue of sale , which had been previously distributed for that purpose , containing the lots , marks , number of hogsheads , and gross weights of the sugars , and referring for further particulars to the brokers ; and they were sold ...
... catalogue of sale , which had been previously distributed for that purpose , containing the lots , marks , number of hogsheads , and gross weights of the sugars , and referring for further particulars to the brokers ; and they were sold ...
Page 76
... catalogue as brilliant top and drop ear - rings ; one of the conditions of sale was , that the purchaser should pay 30 per cent . upon being declared the highest bidder , and the residue of the price before the goods were removed . The ...
... catalogue as brilliant top and drop ear - rings ; one of the conditions of sale was , that the purchaser should pay 30 per cent . upon being declared the highest bidder , and the residue of the price before the goods were removed . The ...
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Common terms and phrases
action brought acts of parliament aforesaid afterwards agent agreement Alliston assignees assumpsit auction duty auctioneer's authority back the deposit bankrupt behalf Bexwell bill buyer catalogue chaser chattels commissioners of excise conditions of sale contract conveyance Court court of equity declared defendant delivered enacted entitled to recover equity faithfully promised fendant hath held highest bidder horse land last mentioned lease liable licence Lord Ellenborough Lord Kenyon Lordship lot of pimento maintain an action ment merchandize messuage nonsuit notice office of excise opinion owner paid particular parties payment performed and fulfilled person plaintiff premises promise and undertaking public auction purchase money recover back refused respectively ring fence sale by auction SECT seller shew signed sold specific performance statute of frauds sum of money Term Rep thereof tion tioneer vendee vendor Vendor's Right verdict wares writing
Popular passages
Page 54 - That no action shall be brought whereby to charge any person upon any agreement made upon consideration of marriage, or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, unless the agreement upon which. such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized,
Page 67 - 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 121 - 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 31 - 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 62 - ... 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 73 - In order to satisfy the statute, there must be a delivery of the goods 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 an intention of taking to the possession as owner.
Page 80 - 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 67 - ... 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 125 - 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.
Page 251 - ... yet the defendant did not, nor would, when he was so requested as aforesaid, or at any time before or afterwards...