 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1922 - 836 strani
...subdivision 4 of the section of the act relied upon by defendant's counsel it is expressly provided: " "The provisions of this section are subject to any...agreement, or course of dealing between the parties.' "There is no claim of fraud in procuring the contract. While it is made by the correspondence of the... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1920 - 808 strani
...subdivision 4 of the section of the act relied upon by defendant's counsel it is expressely provided : "The provisions of this section are subject to any...agreement, or course of dealing between the parties." There is no claim of fraud in procuring the contract. While it is made by the correspondence of the... | |
 | South Australia - 1896 - 230 strani
...VICTORIA, No. 630. The Sale of Goods Act— 1895. PART in. included in the contract, the buyer may accept the goods which are in accordance with the contract, and reject the rest, 6r he may reject the whole. (4) The provisions of this section are subject to any usage of trade, special... | |
 | American Bar Association - 1921 - 1066 strani
...sell mixed with goods of a different description not included in the contract, the huyer may accept the goods which are in accordance with the contract...the whole. (4) The provisions of this section are suhject to any usage of trade, special agreement, or course of dealing hetween the parties. SEC. 32.... | |
 | Institute of Bankers (Great Britain) - 1891 - 840 strani
...buyer a quantity of goods larger than he contracted to sell, the buyer may accept the goods included in the contract and reject the rest, or he may reject the whole. If the buyer accepts the whole of the goods so delivered lie must pay for them at the contract rate.... | |
 | 1918 - 1118 strani
...sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract...and reject the rest, or he may reject the whole." These sections express the effect of Rommel v. Wingate, 103 Mass. 327; Levy т. Green, 1 E. & E. 969;... | |
 | James Mackintosh - 1892 - 300 strani
...reject them, but if the buyer accepts the goods so delivered he must pay for them at the contract rate. the contract and reject the rest, or he may reject the whole. If the buyer accepts the whole of the goods so delivered he must pay for them at the contract rate.... | |
 | Frank Newbolt - 1894 - 204 strani
...906 ; 20 LJ Ex. 325. [1851.] different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject the whole. Example 1.. — A. ordered some particular kinds of crockery of B., who sent a smaller quantity, and... | |
 | Walter Charles Alan Ker - 1894 - 436 strani
...buyer a quantity of goods larger than he contracted to sell, the buyer may accept the goods included in the contract and reject the rest, or he may reject the whole. If the buyer accepts the whole of the goods so delivered, he must pay for them at the contract rate.... | |
 | Richard Brown - 1895 - 448 strani
...Playford v. Mercer (1870), 22 LTNS 41. ance with the contract and reject m the rest, or he may Sect. 30. reject the whole. (4.) The provisions of this section...agreement, or course of dealing between the parties/- 0 NOTES. (a) "Delivery." Defined Sect. 62 (1), "The seller does not comply with his contract by the... | |
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Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance... 
