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Case Containing Exceptions

Case Containing Exceptions


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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. 1868 edition. Excerpt: ...for. The fl that the sheep and lambs were not at the time coun title thereto in the Plaintiffs. In Crowfoot vs. Benn 2 Comstock 260, Judge Strong remarks: But if go sold were clearly identified, then although it may necessary to number, weigh or measure them in order ascertain what would be the price of the whole, at rate agreed upon between the parties, the title will IN H a flock of sheep are sold at so much the head ant is agreed they shall be counted after the sale in order determine the entire price of the whole, the sale is 'Ul and compIele." The case cited bears directly upon' case at bar, and in my judgment is conclusive in reg thereto. The Plaintiffs were to have all the sheep: lambs in the two lots, except two bucks and a lame e' So the counting was of no possible account except ascertain how much money was to be paid for the wl' purchase. The same doctrine is reiterated in Terry Wheeler, 25 N. Y. 520, Selden J., at page 525 sa "The authorities are numerous where the expressio used that if anything remains to be done by the se the title does not pass but the cases which are refe/5 to, to sustain that position, only g0 the length of s ing that where something is to be done by the seller ascertain the identity, quantity or quality of the ara sold, or to put it in the condition which the terms of contract require the title does not pass." The case phant vs. Baker, 5 Denio. 379 applies with equal ne upon the case at Bar. Beardsley J., says: "It is cneral rule of the common law that a mere contract the sale of goods where nothing remains to be done the seller before making delivery, transfers the right property, although the price has not been paid, nor thing sold delivered to the...


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Product Details
  • ISBN-13: 9781230055404
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 252
  • Spine Width: 13 mm
  • Width: 189 mm
  • ISBN-10: 1230055401
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 458 gr


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