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" ... non-acceptance of an offer to deliver after the agreed period, to rely upon the assent of the vendee to his request, he could not aver and prove that he was ready and willing to deliver according to the terms of the original contract. "
A Code of Contract Law Relating to Sales of Goods of the Value of £10 and ... - Seite 5
von Henry John Parrington - 1883 - 105 Seiten
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The Law Reports: And in the Court of Appeal. Common Pleas Division

Great Britain. High Court of Justice. Common Pleas Division - 1876 - 850 Seiten
...would be obliged, if 1876 he sued for a non-acceptance of an offer to deliver after the agreed PLBVINS period, to rely upon the assent of the vendee to his request, DOWNING ne w^ no* aver an(^ prove that he was ready and willing to deliver according to the terms of...
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A Treatise on the Law of Sale of Personal Property: With References to the ...

Judah Philip Benjamin - 1877 - 984 Seiten
...proposes to deliver and the vendee refuses to accept, the vendor can recover damages. He can properly aver and prove that he was ready and willing to deliver according to the terms of the original contract. He shows that he was so, but that he did not offer to deliver within the agreed time because he was...
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A Treatise on the Law of Sale of Personal Property: With References to the ...

Judah Philip Benjamin - 1881 - 1076 Seiten
...agreed period for delivery, so that the vendor would be obliged, if he sued for a nonacceptance of an offer to deliver after the agreed period, to rely upon the assent of the vendee to his request, lie could not aver and prove that he was ready and willing to deliver according to the terms of the...
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A Treatise on the Effect of the Contract of Sale on the Legal Rights of ...

Colin Blackburn Baron Blackburn - 1887 - 478 Seiten
...deliver, and the vendee refuses to accept, the *vendor can recover damages. He can prop- [*122] erly aver and prove that he was ready and willing to deliver according to the terms of the original contract. He shows that he was so, but that he did not offer to deliver within the agreed time, because he was...
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Benjamin's Treatise on the Law of Sale of Personal Property: With References ...

Judah Philip Benjamin - 1888 - 810 Seiten
...agreed period for delivery, so that the vendor would be obliged if he sued for a non-acceptance of an offer to deliver after the agreed period, to rely...substituted time of delivery, that is to say, to an altered contract or a new contract. This he cannot do, so as to enforce his claim. This seems to be the result...
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The American and English Encyclopedia of Law, Band 21

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1893 - 1126 Seiten
...agreed period for delivery, so that the vendor would be obliged, if he sued for a non-acceptance of an offer to deliver after the agreed period, to rely...that he was ready and willing to deliver according to thé terms of the original contract. The statement shows that he was not. He would be driven to rely...
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The American and English Encyclopedia of Law, Band 21

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1893 - 1116 Seiten
...proposes to deliver and the vendee refuses to accept, the vendor can recover damages. He can properly aver and prove that he was ready and willing to deliver according to the terms of the original contract. He shows that he was so, but that he did not offer to deliver within the agreed time because he was...
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A Commentary on the Sale of Goods Act, 1893: With Illustrative Cases and ...

Walter Charles Alan Ker - 1894 - 436 Seiten
...agreed period of delivery, so that the vendor would be obliged, if he sued for the non-acceptance of an offer, to deliver after the agreed period, to rely...and prove that he was ready and willing to deliver accordiny to the terms of the oriyinal contract. The statement shows that he was not. He would be driven...
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The American and English Encyclopedia of Law, Band 28

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1895 - 1102 Seiten
...delivery, and the vendee assents, the vendor can no longer rely on the original contract, because he cannot aver and prove that he was ready and willing to deliver according to its terms, and he cannot avail himself of the contract as varied, the variation being verbal. Plevins...
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Benjamin's Treatise on the Law of Sale of Personal Property: With References ...

Judah Philip Benjamin - 1899 - 1142 Seiten
...112; 33 LJ Ex. 300. the original contract, after the contract time has expired. He is not then able to aver and prove that he was ready and willing to deliver according to the terms of the original contract, and is, therefore, logically driven to rely upon a substituted contract, which must be in writing so...
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