A Brief Analysis of Sale; An Essay
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Littledale, J., remarks that as Collard never paid anything for the goods, he had clearly no right of property in them, and concludes his opinion by saying that this case de- cides two principles of law ; so long as goods remain unpaid for in the immediate possession of the vendor, he may refuse to deliver them ; the same is true if they are in possession of his warehouseman. The other principle is, that a second vendee of a chattel cannot stand in a better position than his vendor. But it is t...he opinion of Parke, J., which is so often quoted : " It is clear than the plaintiff was originally entitled to the goods ; an invoice was made out to him, and he paid the price. I take it to be clear that by the law of England on the sale of a specific chattel, the property is in the vendee without delivery. The general doc- trine that the property passes to the vendee by the contract of sale is questioned in Bailey z'j. Culverwell,' in a note by the reporter, but I apprehend the rule is correct as confined to a bargain for a specfic chattel.
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To quickly assess the difficulty of the text, read a short excerpt:
Littledale, J., remarks that as Collard never paid anything for the goods, he had clearly no right of property in them, and concludes his opinion by saying that this case de- cides two principles of law ; so long as goods remain unpaid for in the immediate possession of the vendor, he may refuse to deliver them ; the same is true if they are in possession of his warehouseman. The other principle is, that a second vendee of a chattel cannot stand in a better position than his vendor. But it is t...he opinion of Parke, J., which is so often quoted : " It is clear than the plaintiff was originally entitled to the goods ; an invoice was made out to him, and he paid the price. I take it to be clear that by the law of England on the sale of a specific chattel, the property is in the vendee without delivery. The general doc- trine that the property passes to the vendee by the contract of sale is questioned in Bailey z'j. Culverwell,' in a note by the reporter, but I apprehend the rule is correct as confined to a bargain for a specfic chattel.
What to read after A Brief Analysis of Sale; An Essay?
You can find similar books in the "Read Also" column, or choose other free books by Landreth, Lucius Scott, 1856- to read onlineMoreLess
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