A Treatise On the Law of Sale of Personal Property : With References to the American Decisions And the the French Code And Civil Law

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124, 128.] Barb. 511 ; Olyphaut v. Baker, 5 Denio, (z) [See Cunningham v. Ashbrook, 20 370; Birge ,. Edgerton, 28 Vt. 291; Mo. 553; Birge j. Edgerton, 28 Vt. 291 ; Hutchins v Gilchrist, 23 lb. 88 ; Mills u. Plyde v. Lathrop, 3 Keye.s, 600; Mills v.
Camp, 14 Conn. 219; Bradley v. Wheeler, Camp, 14 Conn. 219.] 44 N. Y. 495.] (a) 3 H. & C. 722 ; 34 L. .T. Ex-. 161.
(x) 2 Scott, 238; 2 Bing. N. C. 151. (b) L. R. 5 Ex. 165; 7 Ex. 98.
BOOK II.] SALE OF SPECIFIC CHATTELS CONDITIONALLY. 297 ration for
...the price by the vendor, and plea that the cargo did not arrive at the ordered port, and the plaintiffs were not willing and ready to deliver. On demurrers to the declaration and the plea, Martin and Channell BB. were of opinion (Cleasby B. dis. ) that the property did not pass by the terms of the contract, that the time for payment had not arrived, and that the defendant was not liable : but in the exchequer chamber the judgment was unani- mous for the plaintiff, Cockburn C. J. and Blackburn J.

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