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57 Vict affidavit aforesaid agent agreement alleged amount appeal apply Arthur Alfred Lynch Arthur Lynch assignment assignor bankruptcy breach buyer cause of action Chancery chose in action committed common law contract corporation costs county court covenant creditor criminal damages debt debtor deed defendant defendant's delivered document enforced entitled equity evidence Exch executor fact fraud give granted held High Court holder husband indictment indorsement infant injury issue judge judgment Judicature Act jurisdiction jury justices King's Bench Division land landlord lease liable Lord matters ment necessary notice offence paid party payable payment performance person plaintiff pleading possession prisoner proceedings promise prosecution prove quarter sessions question reasonable recover rent rule seller solicitor South African Republic statement of claim statute Statute of Frauds summons tenant tort trial unless witness writ
Page 788 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose.
Page 690 - ... any contract or sale of lands, tenements or hereditaments, or any interest in or concerning them ; or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him or her lawfully authorized.
Page 792 - Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions; that is to say, the seller must be ready and willing to give possession of the goods...
Page 794 - When the seller is ready and willing to deliver the goods, and requests the buyer to take delivery, and the buyer does not within a reasonable time after such request take delivery of the goods, he is liable to the seller for any loss occasioned by his neglect or refusal to take delivery, and also for a reasonable charge for the care and custody of the goods.
Page 749 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 790 - Where the seller of goods draws on the buyer for the price and transmits the bill of exchange and bill of lading together to the buyer to secure acceptance or payment of the...
Page 1079 - A person charged and called as a witness in pursuance of this Act shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed or been convicted of or been charged with any offence other than that wherewith he is then charged...
Page 735 - It must not be forgotten that you are not to extend, arbitrarily, those rules which say that a given contract is void as being against public policy ; because if there is one thing which more than another public policy requires, it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred and shall be enforced by Courts of justice.
Page 790 - Unless otherwise agreed, the goods remain at the seller's risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer the goods are at the buyer's risk whether delivery has been made or not...