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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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Modern Admiralty Law

Aleka Mandaraka-Sheppard - Law - 2006 - 1112 pages
...construction and sale of a ship, the property does not pass until the goods are in a deliverable state and are appropriated to the contract either by the seller...buyer or by the buyer with the assent of the seller (r 5). However, bearing in mind the hybrid nature of a shipbuilding contract, even if the ship is uncompleted,...
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Financial Services

M. Y. Khan - FINANCIAL INFORMATIONS - 2004 - 1688 pages
...on the expiration of a reasonable time. Unascertained Goods In a contract for sale of unascertained goods by description, and goods of that description...appropriated to the contract, either by the seller with the consent of the buyer or by the buyer with assent of the seller, the property in the goods thereupon...
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Business Lawcards

Routledge-Cavendish, Routledge-Cavendish Publishing Staff - Law - 2004 - 149 pages
...(1962); Atari Corpn Ltd v Electronics Boutique (1998)); (f) where there is a contract for the sale of unascertained or future goods by description, and...buyer or by the buyer with the assent of the seller, property in the goods passes to the buyer (s 18, r 5; Carlos Federspiel and Co v Charles Twig and Co...
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Business Law

R S N Pillai - Business & Economics - 1999 - 421 pages
...until the goods are ascertained. Sec. 23(1) states that "where there is a contract for the sale of unascertained or future goods by description and goods...of the buyer or by the buyer with the assent of the seller.^the property in the goods thereupon passes to the buyer. Such assent may be express or implied,...
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The New York Supplement

Law reports, digests, etc - 1921
...rules are given for ascertaining the intention of the parties, and by rule 4 it is provided: "Where there is a contract to sell unascertained or future...appropriated to the contract, either by the seller or with the assent ot the buyer, or by the buyer with the assent of the seller, the property In the...
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Public Documents: State of Utah, Part 2

Utah - Administrative agencies - 1909
...expiration of a reasonable time. What is a reasonableltime] is a question of fact. Rule 4.— 1. Where there is a contract to sell unascertained or future...deliverable state are unconditionally appropriated tothe contract, either by the seller with the assent, of the buyer, or by the buyer with the assent...
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Atlantic Reporter, Volume 98

Law reports, digests, etc - 1917
...the seller's "regular production of ground tankage." Rule 4 of section 40, however, provides: "Where there is a contract to sell unascertained or future goods by description., and poods of that description and in a deliverable state are unconditionally appropriated to the contract,...
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Contract Law Q and A 2003-2004

Richard Stone - Law - 2003 - 267 pages
...manufactured, or grown, for the contract. Rule 5 says that property passes when goods matching the contract description, and in a deliverable state, are 'unconditionally appropriated' to the contract by either party 'with the assent' of the other. There are two problems which may arise with this rule....
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