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A Selection of Cases on the Law of Sales of Personal Property

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negotiable instruments

Book is tan clothbound

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a selection of cases on the law of sales of personal property

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER II. EXECUTORY AND EXECUTED SALES. SECTION I. Unconditional Sales Op Specific Goods To Which Nothing Re- Mains TO BE DONE. NOY'S MAXIMS. 1641. Chapter XLII. In all agreements there must be quid pro quo presently, except a day be expressly given for the payment, or else it is nothing but communication. If a man do agree for a price of wares he may not carry them away before he hath paid for them. But the merchant shall retain the wares until he be paid for them, and, if the other take them, the merchant may have an action of trespass or an action of debt for the money at his choice. If the bargain be that you shall give me ten pound for my horse and you do give me a penny in earnest which I accept, this is a perfect bargain. You shall have the horse by an action of the case, and I shall have the money by an action of debt. If I say the price of a cow is four pound, and you say you will give me four pound and do not pay me presently, you may not have her afterwards, except I will, for it is no contract. But if you go presently to telling of your money, if I sell her to another you shall have your action of the case against me If I sell my horse for money, I may keep him until I am paid, but I cannot have an action of debt until he be delivered, yet the property of the horse is by the bargain in the bargainee or buyer; but if he does presently tender me my money, and I do refuse it, he may take the horse or have an action of detainment. And if the horse die in my stable between the bargain and the delivery, I may have an action of debt for my money, because by the bargain the property was in the buyer. JAMES TABLING v. BAXTER. In The King's Bench, Hilaey Term, 1827. [Reported in 6 Bamewall $- Cresswell, 360.] Assumpsit to recover back £145 pai...

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A Selection of Cases on the Law of Contracts

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selected cases and statutes on the law of bankruptcy

Originally published in 1906. This volume from the Cornell University Library's print collections was scanned on an APT BookScan and converted to JPG 2000 format by Kirtas Technologies. All titles scanned cover to cover and pages may include marks notations and other marginalia present in the original volume.

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a selection of cases on the law of contracts

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER II. FORMATION OF CONTRACTS UNDER SEAL. SECTION I. FORMALITIES OF EXECUTION. TAUNTON v. PEPLER. In Chancery, 1820. [Reported in 6 Maddock, 166.] The bill was filed by the next of kin, against the defendant, as administrator of the intestate, for an account. The defendant pleaded a release. Mr. PhiOimore objected to the plea of the release; first, because it was founded only on the receipts of the administrator, as they then stood; and, secondly, because the release was only said to be "sealed and delivered," without also saying "signed;" and cited Blackstone,1 who says a deed must be signed as well as sealed and delivered. Mr. Koe, contra. The Vice-chancellor. The release states that the administrator had received all the property belonging to the intestate; I cannot therefore assume that he has received anything since. There is no authority for saying that a release, to be effectual, must be signed aa well aa sealed and delivered. The plea must be allowed. STONE v. BALE. Common Pleas, 1693. [Reported in 3 Levinz, 348.] Debt on obligation, and declares, that March 20, 34 Car. 2, the defendant by obligation dated October 10, 33 Car. 2, sed primo ddiberat' 20 March, 34 Car. 2, became bound, etc. The defendantpleads, that upon the said tenth of October, when the obligation bears date, there was no such person in rttrum natura as the plaintiff. To which the plaintiff demurs: and now upon argument it was adjudged by the whole court for the plaintiff: they agreed where the plaintiff declares on a date he cannot afterward reply that it was primo deliberat' at another day; for that would be a departure, and so are the books to be intended, Co. 2 Rep. 4 b, and 1 H. 6, 1 b, there cited; toiprima facie every deed is supposed to be made the s...

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a selection of cases on the law of contracts volume 2

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A Selection of Cases on the Law of Sales of Personal Property

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The Law Governing Sales of Goods at Common Law and Under the Uniform Sales Act

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A Selection of Cases on the Law of Contracts

Book digitized by Google from the library of the University of Michigan and uploaded to the Internet Archive by user tpb.

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