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" Where there is a contract to sell unascertained or future goods by description, and goods of that description and in a deliverable state are unconditionally appropriated... "
Reports of Cases Argued and Determined in the Ohio Circuit Courts...: Ohio ... - Page 26
by William John Tossell - 1920
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Trade Promotion Series, Issue 153

United States - 1935 - 190 pages
...What is a reasonable time is a question of. fact in each case. If there is a contract for the sale of unascertained or future goods by description, and...of that description and in a deliverable state are conditionally appropriated to the contract, either by the seller with the consent of the buyer or by...
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Credit Management

Emery Evans Olson, John Walter Hallman - Credit - 1925 - 472 pages
...by description unascertained goods or "future" goods : Property passes to the buyer when such goods in a deliverable state are unconditionally appropriated to the contract, either by the seller, with the buyer's consent, or by the buyer, with the seller's consent. Such assent may be expressed or implied,...
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The New York Supplement, Volume 230

Law reports, digests, etc - 1928 - 958 pages
...4, 5). Personal Property Law, § 100, rule 4, providing that title passes to buyer where contract is to sell unascertained or future goods by description,...goods of that description and in a deliverable state axe unconditionally appropriated to the contract with consent of other party, does not apply to contract...
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The Ontario Law Reports: Cases Determined in the Court of Appeal ..., Volume 3

Law reports, digests, etc - 1902 - 838 pages
...in a deliverable state — that is to say, in a state in which the buyer is bound to accept them — are unconditionally appropriated to the contract,...buyer, or by the buyer with the assent of the seller: Chalmers on Sale, 4th ed., p. 43; Blackburn on Sale, 2nd ed., p. 128. "From the nature of the transaction...
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The Northeastern Reporter, Volume 143

Law - 1924 - 1012 pages
...Rule 4 (1) of section 19 of the Uniform Sales Act (Smith-Hurd Rev. St. 1023, c. 121%) proTides: "Where there is a contract to sell unascertained or future...goods of that description and in a deliverable state arc unconditionally appropriated to the contract, either by the seller with, the assent of the buyer,...
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McKinney's Consolidated Laws of New York Annotated: With ..., Book 40

New York (State) - Law - 1917 - 328 pages
...expiration of a reasonable time. What is a reasonable time is a question of fact. Rule 4. 1. Where there is a contract to sell unascertained or future...deliverable state are unconditionally appropriated to the contvact, either by the seller with the assent of the buyer, or by the buyer with the assent of the...
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American Bankruptcy Reports: Reporting the Decisions and Opinions ..., Volume 7

Bankruptcy - 1926 - 1010 pages
...Property Law, Rule 4, subdivision 1, is in accordance with the common law and is as follows: "Where there is a contract to sell unascertained or future...goods of that description and in a deliverable state unconditionally appropriated to the contract, either by the seller with the assent of the buyer, or...
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Journal of Comparative Legislation and International Law, Volume 3

Comparative law - 1921 - 660 pages
...case of unascertained or future goods, the contract may be implemented by the appropriation of goods to the contract, either by the seller with the assent...buyer, or by the buyer with the assent of the seller. But the divergence between Roman-Dutch and English law is more apparent than real. If the English cases...
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Reports of the Tax Court of the United States, Volume 14

United States. Tax Court - Law reports, digests, etc - 1950 - 1992 pages
...goods by description, title thereof does not pass to the purchaser until goods of that description in a deliverable state are unconditionally appropriated to the contract either by the seller or the purchaser with the consent of the other. If the contract requires the seller to deliver the...
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Proprietary Interests in Commercial Transactions

Sarah Worthington - Business & Economics - 1996 - 328 pages
...that the buyer's power to either resell the goods or use them in some manufacturing process was not 22 Either by the seller with the assent of the buyer or by the buyer with the assent of the seller: see Sale of Goods Act 1979, s. 18, Rule 5(1). 23 Although the Sale of Goods Act 1979 ensures that the...
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