Cases on Commercial Law: General Survey, Contracts, Agency, Bailments, Sales, Negotiable Paper, Partnerships, Corporations, BankruptcyAlfred William Bays Callaghan, 1923 - 1536 pagini |
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Pagina iv
... actual human conduct . The student sees men situated as he has been , or may be situated . And it is in con- nection with these facts that the judge's exposition of the law is made , wherein at some length he announces the iv PREFACE TO ...
... actual human conduct . The student sees men situated as he has been , or may be situated . And it is in con- nection with these facts that the judge's exposition of the law is made , wherein at some length he announces the iv PREFACE TO ...
Pagina 45
... actual present needs in respect to such goods also be considered ? FLETCHER - MOULTON , L. J .: " I think that the difficulty . and at the same time the suggestion of hardship to the plaintiff in such a case as this disappear when one ...
... actual present needs in respect to such goods also be considered ? FLETCHER - MOULTON , L. J .: " I think that the difficulty . and at the same time the suggestion of hardship to the plaintiff in such a case as this disappear when one ...
Pagina 46
... actual require- ments at the time , or , in other words , that the infant had not at the time an adequate supply from other sources . There is authority to show that this was the case even before the act of 1893 . 66 * * the judge came ...
... actual require- ments at the time , or , in other words , that the infant had not at the time an adequate supply from other sources . There is authority to show that this was the case even before the act of 1893 . 66 * * the judge came ...
Pagina 77
... actual with- drawal ? What constitutes effective withdrawal ? 66 * SMITH , J .: The defendant , having caused the question to be submitted to the jury , under an in- struction drawn by his counsel , and having met with an adverse ...
... actual with- drawal ? What constitutes effective withdrawal ? 66 * SMITH , J .: The defendant , having caused the question to be submitted to the jury , under an in- struction drawn by his counsel , and having met with an adverse ...
Pagina 109
... actual state of mind of the party , -a principle sometimes lost sight of in the cases . * * 99 Question 56 : ( 1 ) Did the court hold that silence was in it- self acceptance in this case , or evidence of acceptance , for the jury to ...
... actual state of mind of the party , -a principle sometimes lost sight of in the cases . * * 99 Question 56 : ( 1 ) Did the court hold that silence was in it- self acceptance in this case , or evidence of acceptance , for the jury to ...
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Termeni și expresii frecvente
99 Question acceptance accord and satisfaction action agent agreed agreement alleged amount appellant appellee assignment authority Biewer binding bound breach charge circumstances claim Clandeboye common carrier common law consideration constitute contract court of equity covenant creditor damages debt debtor decision deed defendant defendant's disaffirm discharge doctrine duress duty enforceable executed fact fendant held illegal implied infant instrument intention interest judgment jury JUSTICE land lease letter liable liquidated damages Lomm ment merely minor necessary negotiable Note obligation offeree offeror option oral paid paper parol evidence parol evidence rule party payment performance person plaintiff in error Plankington Point Involved principle promise promisor purchase purpose ratification reason received recover rule seal seller signed sold statement statute of frauds sued sufficient suit thereof tion tort tract transaction unless usury valid void voidable writing
Pasaje populare
Pagina 678 - Action for damages for non-acceptance of the goods. —(1) Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may maintain an action against him for damages for non-acceptance. (2) The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer's breach of contract.
Pagina 983 - A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.
Pagina 720 - Subject to the provisions of this Act and of any statute in that behalf, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale...
Pagina 580 - Any affirmation of fact or any promise by the seller relating to the goods is an express warranty if the natural tendency of such affirmation or promise is to induce the buyer to purchase the goods, and if the buyer purchases the goods relying thereon. No affirmation of the value of the goods, nor any statement purporting to be a statement of the seller's opinion only shall be construed as a warranty.
Pagina 988 - A promissory note is an unconditional promise in writing made by one person to another, signed by the maker, engaging to pay, on demand or at a fixed or determinable future time, a sum certain in money, to, or to the order of, a specified person, or to bearer.
Pagina 678 - Where there is an available market for the goods in question, the measure of damages is, in the absence of special circumstances, showing proximate damage of a greater amount, the difference between the contract price and the market or current price at the time or times when the goods ought to have been accepted. or, if no time was fixed for acceptance, then at the time of the refusal to accept.
Pagina 976 - And, in addition, he engages that on due presentment, it shall be accepted or paid, or both, as the case may be, according to its tenor, and that if it be dishonored, and the necessary proceedings on dishonor be duly taken, he will pay the amount thereof to the holder, or to any subsequent indorser who may be compelled to pay it.
Pagina 851 - That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Pagina 757 - An instrument to be negotiable must conform to the following requirements : — 1. It must be in writing and signed by the maker or drawer ; 2. Must contain an unconditional promise or order to pay a sum certain in money ; 3. Must be payable on demand, or at a fixed or determinable future time; 4. Must be payable to order or to bearer ; and, 5. Where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty.
Pagina 848 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.