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Excerpt from The General Principles of the American Law of the Sale of Goods, in the Form of Rules With Comments and Illustrations: Containing Also the English "Sale of Goods Act" The form of this work is similar to the one published by me in 1889 entitled Principles of Contract. That work was an attempt to state methodically, in concise language, the fundamental principles of contract. The statements are in the form of rules (in the nature of a code), followed by such comments and illustrations as seemed suitable to bring out clearly the import of each proposition; and each proposition is supported by the authority of adjudged cases, selected with a View to force of reasoning and pertinency of illustration. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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. 1896 edition. Excerpt: ... Transfer of Property as Between Seller and Buyer. Rule 21--WHERE THERE IS A CONTRACT FOR THE SALE OF UNASCERTAINED GOODS THE PROPERTY IN THE GOODS IS NOT TRANSFERRED TO THE BUYER UNLESS AND UNTIL THE GOODS ARE ASCERTAINED (1). QUALIFICATION: ON A CONTRACT FOR THE SALE OF' A CERTAIN QUANTITY OF A LARGER MASS OF ASCERTAINED GOODS UNIFORM IN KIND AND QUALITY (2), THE PROPERTY WILL PASS. THOUGH THERE BE NO SEPARATION OF THE QUANTITY SOLD, IF SUCH BE THE CLEAR INTENTION OF THE PARTIES (3). 1. In the case of a contract for the sale of a certain quantity of goods by a general description, the buyer's right arising out of the contract is not, and until the goods sold are specifically ascertained, cannot become a right of property in any goods; nor can there be in such contract any intention that the property in any goods shall be immediately transferred from the seller to the buyer. The seller would fulfill his part of the contract by furnishing that quantity of any goods answering the description. Heilbutt v. Hickson, L.R. 7 CP. 438, 449. Rapelye v. Mackie, 6 Cow. 250, 252. Joyce v. Adams, 8 N.Y. 291, 297. Cornell v. Clark, 104 N.Y. 451, 457. Low v. Freeman, 12 I11. 467, 469. I11. Cent. R.R. Co. v. Cassell, 17 I11. 389. Home Ins. Co. v. Heck, 65 I11. 111. Colder v. Ogden, 15 Pa. St. 528. McCandlish v. Newman, 22 Pa. St. 460. Haldeman v. Duncan, 51 Pa. St. 66, 70. Gardner v. Lane, 9 Allen, 492, 498. Ormsbee v. Machir, 20 Ohio St. 295. Hubler v. Gaston, 9 Oregon, 66, 70. Davis v. Budd, 60 Iowa, 144. Schreyer v. Lumber Co. 13 U.S. App. 23, 28. The principle applies to a contract for the sale of goods to be manufactured. Mucklow v. Mangles, 1 Taunt, 318. Tripp v. Armitage, 4 M. & W. 687. Seath v. Moore, 11 App. Cas. 350, 381. Bellamy v. Davey, ..
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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.