 ... (3) 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 with the contract and reject the rest, or he...  Michigan Reports: Cases Decided in the Supreme Court of Michigan - Page 368by Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Richard W. Cooper, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner - 1922Full view - About this book
 | 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 pages
...right. In 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...exact situation which subsequently developed. It was expressely stipulated that "if any shipment" was of "different grade * * * all of the shipment shall... | |
 | South Australia - 1896 - 230 pages
...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...agreement, or course of dealing between the parties. instalment deliveries. 31. (1) Unless otherwise agreed, the buyer of goods is not bound to accept delivery... | |
 | Frank Newbolt - 1894 - 204 pages
...discovered, A. was entitled to reject the rest of the mixture. (Nicholson v. Bradfield Union?) (4.) The provisions of this section are subject to any...agreement, or course of dealing between the parties. instilment 31. — 1\\ Unless otherwise agreed, the buyer of deliveries. ^ ' ,-> > J goods is not bound... | |
 | Walter Charles Alan Ker - 1894 - 436 pages
...goods which are in accordance with the contract and reject the rest, or he may reject the whole. (4.) The provisions of this section are subject to any...agreement, or course of dealing between the parties. S. 30. The law under this section is thus stated by Mr. Benjamin (f) : — " The seller does not comply... | |
 | Richard Brown - 1895 - 448 pages
...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 are subject to any...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... | |
 | Joseph Chitty - 1896 - 906 pages
...the rest, or he may reject the whole (q). (4) The provisions of this section are subject to any usage Usage. of trade, special agreement, or course of dealing between the parties. 31. — (1) Unless otherwise agreed, the buyer of goods is not h>jt»lnwnt 11- PI • i deliveries,... | |
 | Sir Mackenzie Dalzell Edwin Stewart Chalmers - 1899 - 264 pages
...goods which are in accordance with the contract and reject the rest, or he may reject the whole.4 (4.) The provisions of this section are subject to any...agreement, or course of dealing between the parties. As the seller does not fulfil his contract by delivering a less quantity than he contracted to sell,... | |
 | Frederick Hooper - 1899 - 300 pages
...with the contract and reject the rest, or he may reject the whole. The three provisions above named are subject to any usage of trade, special agreement, or course of dealing between the parties. Instcdment Deliveries. — Unless otherwise agreed the buyer of the goods is not bound to accept delivery... | |
 | Scotland - 1901 - 620 pages
...goods which are in accordance with the contract and reject the rest, or he may reject the whole. (4.) The provisions of this section are subject to any...agreement, or course of dealing between the parties. 31. INSTALMENT DELIVERIES. — (1.) Unless otherwise agreed, the buyer of goods is not bound to accept... | |
 | Floyd Russell Mechem - 1901 - 962 pages
...goods which are in accordance with the contract and reject the rest, or he may reject the whole. (4) The provisions of this section are subject to any...agreement, or course of dealing between the parties. 31.' (1) Unless otherwise agreed, the buyer of goods is not bound to accept delivery thereof by instalments.... | |
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