The Law Library Volume 57

The Law Library Volume 57

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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. 1847 edition. Excerpt: ...had not been done with the 5,226 " knowledge and consent of the defendants, the vendors, it may be E " admitted, for this purpose, that they would not have been bound further H than they were already, by what had taken place as between them and the _" original vendees." But between the original vendor and purchaser, such an agreement is not probable, for there seems little to induce the vendor to consent to abandon his lien; and the more recent decisions are, that between them, an agreement to alter the character of the vendor's possession must be clearly proved. In some of the older cases, language is reported that almost looks as if the Judges were stating as a proposition of law, that an assent on the part of the vendor to any act of ownership whatsoever, either by the purchaser or his subpurchaser, put an end to the vendor's rights, whilst in the more recent cases, there are some dicta as if it was thought that the same agreement, which if made with a subpurchaser would determine the vendor's rights, by altering the character of his possession, would not have that effect if made with the original purchaser, but it seems, that the true distinction is merely as to the quantum of proof required. If the vendor consents to acts of partial ownership, on the part of the subpurchaser, with whom he has no contract, it affords a fair presumption of an agreement with him to hold the goods as a bailee. If he consents to similar acts by the purchaser, with whom he already has a contract, the fair presumption is, that the acts are assented to in consequence of the original contract, which remains unchanged. But in either case "the vendor's rights cease W27 when he has agreed to change more

Product details

  • Paperback | 220 pages
  • 189 x 246 x 12mm | 399g
  • United States
  • English
  • black & white illustrations
  • 1236901142
  • 9781236901149