 | Institute of Bankers (Great Britain) - 1891 - 840 pages
...cannot or does not make such valuation, the agreement is avoided ; provided that if the goods or any part thereof have been delivered to and appropriated...party is prevented from making the valuation by the act or default of the seller or buyer, the party not in default may maintain an action for damages... | |
 | American Bar Association - 1906 - 474 pages
...contract or the sale is thereby avoided ; but if the goods or any part thereof have been delivered toand appropriated by the buyer he must pay a reasonable price therefor. (2) Where such third person is prevented from fixing the price or terms by fault of the seller or the buyer, the party not... | |
 | 1888 - 432 pages
...cannot or does not make such valuation, the agreement is avoided ; provided that if the goods or any part thereof have been delivered to and appropriated...the buyer he must pay a reasonable price therefor. Conditions and Warranties. 1 5. Implied condition or warranty may be expressly excluded.— Where a... | |
 | Walter Charles Alan Ker - 1894 - 436 pages
...cannot or does not make such valuation, the agreement is avoided ; provided that if the goods or any part thereof have been delivered to and appropriated...an action for damages against the party in fault. S. 9 (1). This sub-section is based upon Thurnell v. Balbirnie(y), and the proviso upon Clarke v. Westrope... | |
 | Frank Newbolt - 1894 - 204 pages
...cannot or does not make such valuation, the agreement is avoided ; provided that if the goods or any part thereof have been delivered to and appropriated...the buyer he must pay a reasonable price therefor. 1 10 Bing. 376, 383 ; 4 M. & Scott, 217. [1834.] 2 17 CBKS 84, 102. [1864.] 3 10 Bing. 482 ; 4 M. &... | |
 | Richard Brown - 1895 - 448 pages
...part thereof have been delivered to and appropriated w by the buyer he must pay a reasonable price (c) therefor. (2.) Where such third party is prevented from making the valuation by the fault w of the seller or buyer, the party not in fault may maintain an action for damages against the party... | |
 | Joseph Chitty - 1896 - 906 pages
...valuation, the Text of 'Sale of agreement is avoided ; provided that if the goods or any part 9—11). thereof have been delivered to and appropriated by...the buyer he must pay a reasonable price therefor. Sale at valua- (2) Where such third party is prevented from making the valuation by the fault of the... | |
 | Edward Bullen, Thomas Joseph Bullen - 1897 - 1210 pages
...cannot or does not make such valuation, the agreement is avoided ; provided that if the goods or any not be specially indorsed under O. III. r. 6. (Tuiher v. Caralampi, 21 QBD 414 ; see "bon tho fault of the seller or buyer, the party not in fault may maintain an action for damages against... | |
 | Northwest Territories - 1899 - 940 pages
...cannot or does not make such valuation the agreement is avoided : Provided that if the goods or any part thereof have been delivered to and appropriated...an action for damages against the party in fault. No. 10 of 1896, s. 9. Conditions and Warranties. I '£. Unless a different intention appears from the... | |
 | Sir Mackenzie Dalzell Edwin Stewart Chalmers - 1899 - 264 pages
...cannot or does not make such valuation, the agreement is avoided;4 provided that if the goods or any part thereof have been delivered to and appropriated by the buyer he must pay a reasonable price therefor.5 (2.) Where such third party is prevented from making the valuation by the fault of the seller... | |
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... avoided; but if the goods or any part thereof have been delivered to and appropriated by the buyer he must pay a reasonable price therefor. 
