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action actual agent agreed allowed appears applied authority bankrupt bargain belonging bill bill of sale bought bound buyer certificate circumstances claim common complete condition consent consequence considered Contr contract Court creditors damages decided decision defendant delivered delivery distinction effect England entitled eviction existence express extent fraud give given granted ground hand held horse indorsement interest judges judgment lands letter liable Lord mentioned merely nature necessary notice object obligation observed offer opinion owner paid party payment person plaintiff port possession Poth present principle purchaser pursuer quantity question reason received refused regard remain Roman law rule says Scotland sell seller sent ship Stair statute sufficient taken thing sold tion transfer transitu vendee vendor Vente vessel warrandice warrant whole
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 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...