An Elementary Digest of the Law of Contracts

An Elementary Digest of the Law of Contracts

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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. 1878 edition. Excerpt: ...he is unable or unwilling to remove. This condition must be exercised bond fide and upon reasonable grounds and not arbitrarily; and it is held to be the duty of the vendor, notwithstanding the condition, to answer all reasonable requisitions of the purChaser as to the title, in order to give him the opportunity Of waiving such objections as cannot be removed and Bale of goods with condition to rescind. accepting such title as the vendor can give (a.).--If the purchaser insist upon his requisition the vendor may tllflll within a reasonable time give an absolute notice of rescission; and the purchaser will be thereby precluded from afterwards waiving the objection (b).--If, on the other hand, when the right of rescission has once arisen, the vendor elect not to rescind, and insist upon the contract, he is bound by his election; and in equity, as B-5 law; the condition once waived is gone for ever (0). The vendor may rescind after commencing a suit for specific perfoi'inance, upon an objection first made in the course of the suit; but the" suit will operate in waiver of the right as to all prior objections (d).---The condition that in case the vendor fall in deducing a good title, or the purchaser fail in paying tlle money on the appointed day, the contract should "be 'Told, is construed to give an option to either party to 1'6S0l11d the contract upon the specified default of the other; but not to entitle either to avoid the contract by a refusal or default in the performance on his own part (e). A contract of sale of goods may be made 11Pn the express condition that in case of a breach of warranty f the goods sold the buyer may rescind the contract, find return the goods and' recover the price paid. This he...
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Product details

  • Paperback | 406 pages
  • 189 x 246 x 21mm | 721g
  • United States
  • English
  • black & white illustrations
  • 1236784499
  • 9781236784490