Cases in the Law of the Sale of Goods with Outline and Analysis; Selected with Special Reference to Principles of Sales

Cases in the Law of the Sale of Goods with Outline and Analysis; Selected with Special Reference to Principles of Sales

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ...and the evidence in the case shows that as to these there might very well be, and actually were, great differences of opinion. The price to be paid was consequently not ascertained, and could not be until the qualities were separated and measurement had. TARLING v. BAXTER. 113 Rule for Ascertaining Intention. Rule 23.--(Sub-rule 1.) TARLING v. BAXTER. 6 Barn. & Or. 360. 1827. Assumpsit to recover back 145 paid by the plaintif f to the defendant's use. The plaintiff bought of the defendant a stack of hay, which by the terms of the contract, was to remain standing until paid for. Some time after, the stack was accidentally con sumed by fire, without any fault or neglect of either party, but I after the purchase price was paid. The question for the opinion of the court was, whether the plaintiff, under the circumstances, was entitled to recover the sum paid or any part thereof. BAYLEY, J.--It is quite clear that the loss must fall upon him in whom the property was vested at the time when it was destroyed by fire. And the question is, in whom the property in this hay was vested at that time. HouzovD, J.--I think that in this case there wasoan immediate sale of the hay, accompanied with a stipulation on the part of the vendee that he would not cut it till a given period. Now, in the case of a sale of goods, it nothing remains to be done on the part of the seller, as between him and the buyer, before the thing purchased is to be delivered, the property in the goods immediately passes to the buyer, and that in the price to the seller; but if any act remains to be done on the part of the seller, then the property does not pass until that act has been done. I am of opinion, therefore, in this case, not only that the property...show more

Product details

  • Paperback | 94 pages
  • 189 x 246 x 5mm | 181g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236993950
  • 9781236993953