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Sales By Sam Ple
Sales By Sam Ple On Trial. If Goods Are Sold By Sam Ple It Is Always An Implied Condition That The Buyer Shall Have A Fair Opportunity To Compare The Bulk With The Sample. An Improper Refusal By The Vendor To Al Low This Is A Breach Of The Contract, ...

Sales Con Tracted By
Sales Con Tracted By Mail And By Telegraph. The Rule With Reference To Acceptances Is That The Party Making The Offer By Letter Can Not Reject After A Letter Of Acceptance Has Been Duly Mailed By The Of Feree. And This Is True, Some Cases Hold, Even If The Letter ...

Sales To Ar Rive
Sales To Ar Rive. A Very Common Contract Of Sale Is The Sale Of Goods "to Arrive" Or "on Arrival." Such A Sale Is Conditional Or Executory In Character. No Title Passes, As A Rule, And No Obligation Ariscs On Either Side, Unless The Goods Arrive. So The Result Of ...

Scope And Meaning Of
Scope And Meaning Of The Subject Of Sales. Sales, Or The Law Pertaining To The Sale Of Personal Property, Is A Part Of The Gen Eral Law Of Contracts, Which On Account Of The Special Rules Applicable To This Class Of Contracts And The Scope And Importance Of The Subject ...

Specific Performance
Specific Performance. By Specific Performance Is Meant A Judicial Order That A Legal Contract Be Actually Carried Into, Effect, Or Per Formed According To The Terms Of The Contract. It Is Employed Where Damages For A. Breach Would Not Give Adequate Compensation. Thus, Generally, Where The Thing Contracted For Is ...

Status Of Chancery In
Status Of Chancery In The United States At Present. As A Result Of The Adopting Of The Code System, And The Unification Of The Various Actions Into A Single Action Under That System, The American States And Territories May Be Di Vided Into Three Groups As Regards The Method Fol ...

Stoppage
Stoppage In Transitu. The Right Of Stoppage In Transitu, Which The Unpaid Vendor May Exercise, Never Arises Except Upon The Insolvency Of The Buyer, And Is Based On The Rule That One Man's Goods Shall Not Be Applied To The Pay Ment Of Another's Debts. This Right Of The Vendor, ...

Subrogation Marshalling
Subrogation Marshalling. Equity Also Allows The Person Paying, A Debt For Which He Is Not Primarily Liable, To Be Substituted Or Subro Gated To The Position Of The Creditor, With The Right To Enforce Against The Real Debtor All The Securities, Benefits And Advantages Held By The Discharg-ed Credi Tor. ...

Subsequent Appropriation Of Specific
Subsequent Appropriation Of Specific Chattels To An Executory Agreement. There Being No Appropriation Of The Articles Sold To The Buyer At The Time Of Sale, No Title Passes, But This Executory Contract May Be Converted Into A Completed Sale By Specifying The Goods To Which The Contract Shall Attach, Or ...

Substantive Maxims
Substantive Maxims. The Substantive Maxims Declare The Fundamental Doctrines Applied By Equity In Administering Relief, And Are: I. Equity Suffers No Wrong Without A Remedy. This Maxim Is Said To Be The Very Foundation Of Equity Jurisdiction. Under The Common Law There Were Many Wrongs Which The Law Courts Could ...

Sufficiency Of The Delivery
Sufficiency Of The Delivery. The Vendor Must Not Deliver More Nor Less Than The Contract Requires, And If He Does, As A General Rule, The Buyer Is Entitled To Refuse The Whole Of The Goods. But If The Venaee Makes A Se Lection Out Of The Whole It Is Such ...

Tenant For Life Or
Constructive Trust Arising From A. Renewal Of A Lease By A Trustee, Tenant For Life Or Partner. When A Trustee Renews A Lease Belonging To His Cestui Que Trust In His Own Name, He Holds Such Lease For His Cestui Que Trust; And When A Partner Renews A Lease Of ...

Tender
Tender. When There Is Do Special Mode Of Payment Agreed Upon, It Becomes The Buyer's Duty To Make Actual Pay Ment In Cash, Or A Tender Of Payment, Which If Prop Erly Made Is As Sufficient As Payment As To His Duty To Perform. Where A Tender Of Payment Is ...

The Doctrine Of
The Doctrine Of When The Literal Execution Of A Charita Ble Trust Becomes Impracticable Or Inexpedient, The Court Will Execute It—cy-prcs—that Is, As Nearly As Possible To The Original Purpose, So As To Execute It In Substance. The Court Assumes In Such Cases That The Real Intent Of The Donor ...

The Maxims Of Equity
The Maxims Of Equity. While At First The Decisions In The Equity Courts Were Sup Posed To Be In Accordance With The Conscience Of The Chancellor, And To Vary According As The "conscience" Of That Personage Varied, And The Court Was Made The Subject Of Some Very Caustic Remarks By ...

The Parties To The
The Parties To The Con Tract In General. The General Rules Of Law Which Determine And Fix The Capacity Of Parties To Make Contracts, And Which Protect Them From Liabil Ity By Reason Of Infancy, Coverture, And The Like Causes, Are Applicable In Determining The Capacity Of Parties To The ...

The Price May Be
The Price May Be Express Or Implied. The Price Imports The Application Of A Money Valuation To The Thing Sold, And Whether Paid In Money Or Money's Worth Does Not Matter. If The Seller Agrees To Take Something Else In Exchange It Is Said That The Price May Be Either ...

The Statute Of
The Statute Of The Common Law Recognized The Validity Of Verbal Contracts Of Sale For Any Amount And However Proved. But In 1677 This Ancient Com Mon Law Doctrine Was Greatly Modified By The Statute -of 29 Car. Ii. C. 3, The Fourth And Seventeenth Sec Tions Of Which Apply ...

The Writ Of
The Writ Of Ne Eseat. The Writ Of Ne Eseat Is A Writ Issued By Courts Of Equity To Prevent A Person From Leaving The State Until Bail Has Been Given To Obey The Decrees Or Orders Of The Court. It Is Only' Issued In Cases Of Equitable Debts And ...

Trusts Ex Delicto
Trusts Ex Delicto. When One Obtains The Property Of An Other By Fraud, Misrepresentation, Concealment Or Duress, Or Undue Influence And The Like, The Courts Will Regard Him As A Trustee. Thus, A Legatee That Pro Cures A Bequest To Himself To The Injury Of An Heir Or Other Legatee, ...

Vendors Duty To Deliver
Vendor's Duty To Deliver. "after The Contract Of Sale Has Been Com Pleted, The Chief And Immediate Duty Of The Vendor, In The Absence Of Contrary Stipulations, Is To Deliver The Goods To The Purchaser As Soon As The Latter Has Com Plied With The Conditions Precedent, If Any, Incumbent ...

Vendors Remedies Against The
Vendor's Remedies Against The Goods. But There Are Also Remedies Against The Goods Themselves, Which The Unpaid Vendor May Exercise, Although The Property Or Title Has Actually Passed. When The Property Passes The Right To Pos Session Also Passes, But Notwithstanding, This Right Is Defeasible If The Buyer Becomes Insolvent, ...

Wares What Are Goods
What Are Goods, Wares, And Merchandises? In England It Held That The 17th Section Does Not Apply To Shares, Stocks, Docu Ments Of Title, Choses In Action And Other Incorporeal Rights In Property. Aside From The Statutes Passed In The Respective American States, Perhaps The Leading Case In This Country ...

Warranty Defined And Ex
Warranty Defined And Ex Plained. A Warranty Is A Collateral Undertaking Forming Part Of The Contract, By Agreement Of The Par Ties, Express Or Implied. It Is Said To Be A Collateral Undertaking Because It Forms No Essential Part Of The Contract Of Sale. The Sale Is No Less Complete ...

What Are The Buyers
What Are The Buyer's Du Ties? The Vendor Having Done His Duty, The Vendee Must Do His, And This Consists Of Two Things: T. To Accept The Thing Purchased ; 2. To Pay Or Tender The Price. In Ordinary Sale, There Being No Stipulations To The Contrary, The Vendor, To ...

What Consti Tutes An
What Consti Tutes An Acceptance ? This Question Turns So Generally Upon The Facts In Each Particular Case That It Is Difficult To Lay Down Any General Rule. It May, However, Be Correctly Stated : 1. When The Facts And Intentions Of The Parties Are Ascertained The Court Will Say ...

What Consti Tutes An_2
What Consti Tutes An Actual Receipt. At The Time Of Making The Contract Of Sale Between The Vendor And Vendee, The Goods May Be In The Actual Possession 1. Of The Buyer As Bailee Or Agent Of The Vendor ; 2. Of A Third Person, Who May Or May Not ...

What Constitutes An Ex
What Constitutes An Ex Press Warranty. The Character Of The Lan Guage Used And The Character Of The Property Sold, As Well As The Intention Of The Parties Finally' Reached, Must All Be Considered In Determining What Is A War Ranty. In Cases Where The Alleged Warranty Was In Writing ...

What Contracts Are Embraced
What Contracts Are Embraced Under The 17th We Have Seen That In An Executory Contract The Contract Is Binding So As To Give Either Of The Parties A Remedy Against The Person Who Is In Default, But Has No Effect To Transfer The Title Or Right To The Possession Of ...

What Is A Note
What Is A Note Or Memoran Dum In Writing. As To The Time When The Mem Orandum Or Note Is To Be Made, It May Be Premised That It Must Be Made And Signed Before The Action Is Brought. That Is, There Must Be A Good Contract Then In Existence, ...

What Is A Sufficient
What Is A Sufficient Memorandum. The Paper Hav Ing Been Put In Evidence Before The Jury To Constitute A Memorandum, The Question Is Whether The Contents Of The Writing Or Writings So Proven Constitute A Suffi Cient Note Of The Bargain. The Memorandum Must Show Who The Parties Are, The ...

What May Be Shown
What May Be Shown By Parol Evidence. It Easily Fol Lows From The Theory That The Note Or Memorandum Presupposes An Antecedent Oral Contract: I. That It May Be Shown By Parol Evidence That A Writing That Purports To Be A Note Or Memorandum Of The Bargain, Is Not A ...

When A Re Ceiver
When A Re Ceiver Will Be Appointed. In A Proper Case, A Receiver Will Be Appointed, Where The Person Entitled To The Possession Of Property Pending Litiga Tion Concerning It Is Incompetent To Take Such Posses Sion, As Infants, Lunatics And The Like ; So A Receiver Will Be Appointed ...

When Does A Transit
When Does A Transit Begin And End ? The Transit Is Held To Continue From The Time The Vendor Parts With The Possession Until The Purchaser Acquires It. That Is, From The Time The Vendor Has So Far Made Delivery That His Right To Retain The Goods And Right Of ...

When Relief Will Be
When Relief Will Be Granted. Two Considerations Must Concur To Give Equity Jurisdiction In Case Of Accident. First, The Party Seeking Relief Must Show A Conscien Tious Title Thereto; And Second, The Law Courts Must Have Been Originally Unable To Grant Suitable Relief. A Party May Be Injured By An ...

Where The Chattels Are
Where The Chattels Are Not Specific. Where The Contract Is For The Sale Of A Thing Or Chattel Not Specific, The Contract Is An Ex Ecutory Agreement And The Title In The Thing Does Not Pass. This Class Of Cases May Be Arranged Under Two Heads: First. Where Something Remains ...

Where The Contract Is
Where The Contract Is Executed And Title Has Passed. Where The Property Has Passed To The Vendee In An Executed Contract, Though The Buyer Has Not Obtained Possession, He Is Entitled To Possession Because Of His Title And Ownership Of The Goods. In This Case The Buyer Has Still His ...

Where The Property Has
Personal Actions Against The Buyer, Where The Property Has Not Passed. When There Is A Breach Of The Con Tract On The Part Of The Vendee, And The Circumstances Are Such That The Vendor Has Not As Yet Transferred The Title To The Vendee, The Vendor's Sole Remedy Is An ...

Where The Property Has_2
Where The Property Has Passed. When The Title And Possession Of The Goods Has Actually Passed To The Vendee, The Vendor Must, Under The Common Law, Re Cover By Common Counts For Goods Sold And Delivered In A Personal Action, While Where The Title Has Not Passed The Action Is ...

Where The Sale Is
Where The Sale Is Of A Specific Chattel Unconditionally. Where A Bargain Is Made For The Purchase Of Goods And Nothing Is Said About Payment Or Delivery, The Property Passes Immediately. Thus If You Go Into A Store And Buy A Hat, And Bargain For It At $5.00, It Is ...

Where The
Where The Fits Disponcndi Is Reserved. There May Be Cases Where, Although The Vendor Has Unquestionably Appropriated The Goods, Yet He Has Reserved Expressly, Or By Implication, The Ownership. In Such Cases The Rules Of Construction Heretofore Considered Give Place To The Actual And Ap Parent Intention Of The Seller. ...

Who May Buy
Who May Buy. "there Are Certain Classes Of Persons Incom Petent To Contract In General, But Who Under Special Circumstances May Make Valid Purchases. Infants, Insane Persons, And Married Women Are Usually Pro Tected From Liability On Contracts, As Also Drunkards When In Such A State As To Be Unable ...

Who May Sell
Who May Sell. No One Can Sell Goods And Convey A Valid Title To Them Unless He Is The Owner, Or The Legal Rep Resentative Of The Owner, The Maxim Being, Nero, Dot Quad Non Habet. That Is, The Purchaser Of Goods, However Innocent He May Be, Can Derive No ...