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accepted according action actual affirmed agent agreed agreement amount appears applied ascertained authority bank bargain barrels become bill brought buyer called chattel circumstances claim common complete condition consideration considered contract count court decided decision defendant delivered delivery directed effect entitled evidence exceptions execution existence express fact flour fraud gift give given ground held hold implied intention judge judgment jury loss lumber manufactured Mass materials matter ment months necessary opinion owner paid particular parties pass payment performed person plain plaintiff possession present principle proved purchaser quantity question reason received recover referred refused remained risk rule sacks sample says sell seller sent separated sheep shipped sold specific statute subsequent taken thing tion transaction transfer trial true unless vendee vendor vested warranty whole York
Página 458 - But upon a rule to show cause why a new trial should not be granted, the court...
Página 493 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upward, 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 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.
Página 494 - Every agreement, promise or undertaking is void, unless it or some note or memorandum thereof be in writing, and subscribed by the party to be charged therewith, or by his lawful agent, if such agreement, promise or undertaking: 1. By its terms is not to be performed within one year from the making thereof or the performance of which is not to be completed before the end of a lifetime ; 2.
Página 544 - Unless the buyer shall accept and receive part of such goods, or the evidences, or some of them, of such things in action; or, 3. Unless the buyer shall, at the time, pay some part of the purchase money.
Página 599 - ... or in any manner to add to, or subtract from, or vary or qualify the terms of it, and thus to make a new contract ; which is to be proved, partly by the written agreement, and partly by the subsequent verbal terms engrafted upon what will be thus left of the written agreement.
Página 58 - ... due notice thereof in writing, served personally upon or left 23 at the shop, office, or usual place of abode, or with the agent of the said 24 party of the second part, and the said party of the second part...
Página 510 - ... 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.
Página 281 - It was subsequently held applicable to merchants' drafts, and in Peacock v. Rhodes, 2 Doug. 633, to bills and notes, as coming within the fame reason. Ihe reason can have no application to the case of a lost or stolen bill of lading. The function of that instrument is entirely different from that of a bill or note. It is not a representative of money, used for transmission of money, or for the payment of debts or for purchases. It does not pass from hand to hand as bank-notes or coin.
Página 633 - The plaintiff sought to recover the value of such work as an item of damages, but the court held that the measure of damages was the difference between the value of the oxen at the time of the conversion and their value at the time they were retaken by the plaintiff.
Página 11 - The principle seems to us to be that, in contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied that the impossibility of performance arising from the perishing of the person or thing shall excuse the performance.