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Free Books / Society / Law / Sales, Personal Property, Bailments, Carriers, Patents, Copyrights / | ![]() |
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Section 33. What Constitutes Delivery |
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This section is from the book "Popular Law Library Vol5 Sales, Personal Property, Bailments, Carriers, Patents, Copyrights", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
What constitutes delivery, so as to give the seller a right to sue for the unpaid purchase price, depends oftentimes upon the express agreement made between buyer and seller, or delivery may depend upon a previous course of dealing in similar cases, or the custom of delivery may be invoked to show the manner of delivery intended by the parties. The delivery may also be regulated by the circumstance of the contract, or the kind of goods sold. Under the general rule delivery is made, so as to satisfy the law, whenever the seller has done everything that he should do under the contract of sale, and has placed the goods at the disposal of the purchaser in as complete a way as the circumstances of the sale permit. The place of delivery, unless the parties agree otherwise, is at the place of the sale of the goods; therefore in the absence of express or implied obligations on the seller, by the terms of the agreement made by the parties making the sale, under terms or circumstances out of the ordinary course, the delivery is complete by the seller's placing the goods at the place of sale, at the free disposition of the purchaser, and within his complete dominion.3
1 Gray vs. Walton, 107 N. Y., 254.
2 Haskins vs. Warren, 115 Mass., 514.
 
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