Found inside – Page 381Prior to executing the contract, Rotorex sent Delchi a sample compressor and ... which arrived at its Italian factory on April 20, by letter of credit. Found inside – Page 33Appeal from defense judgment in action for damages for breach of contract. ... a water sample so the purifier could be properly adjusted before shipment. Found inside – Page 5613Where there is a grave question as to jurisdiction of the courts of this Province in an action on a contract entered into in a foreign ... where the defendant had resided for forty years prior to 1886 ; that in that year he had been appointed to a permanent ... in British Columbia by letter offered to sell the plaintiff in Ontario a car load of lumber , according to a sample previously ... He then brought this action for damages for breach of the contract : -Held , that the plaintiff had the right to make ... Found inside – Page 135Jandorf , New York Supreme also showed that inspection of the Court , Appellate Division , 206 N. Y. goods prior to ... damages for breach of warranty . handling on the dock prior to the deThe action was based on a contract parture of the steamer . of sale ... The ground of dismissal was based on a letter mended as sample . Found inside – Page 927Action by buyer for breach of contract of sale of potatoes to be shipped from Virginia to Buffalo contract stipulated price f . o . b . point of ... its agent inspect bales and take samples before acceptance - plaintiff's agent reported goods up to sample and sent samples to plaintiff ... customer by defendants examination of bags by plaintiffs before contract did not waive right to recover for breach of warranty letter ... Found inside – Page 129If it were contended that the sale was not one by sample , but was one in which the buyers were to examine for themselves , and ... so agree mainly because the defendants admittedly received and read that letter , and yet found no fault , at any time before action , with its statements . ... for breach of contract ; but the conditions were fulfilled as far as the opportunity for comparison of bulk with sample went . Found inside – Page 19The lawyers claim that until they see the original documents they cannot be sure that the wording has not been tampered with. The letter at the centre of ... Found inside – Page 63547 D. L. R. 709 . per lb. so . for the breach of which compensation can be sought only in damages . ... The resale by the plaintiffs before the wool was delivered , and the payment to the defendants of the price , precluded the ... law of contract of sale of goods by sample , the plaintiffs might rightly have been held to have a right of action against ... defendants a confirming letter , speaking of the purchase as of " 48 to 50,000 Ibs . of wool at 40c . sample expressed to us on December 31st . Found inside – Page 344Plaintiff's claim for breach of contract , however , has been shown to be unwarranted . The only claim properly before the court is one for review under the ... Found inside – Page 31Figure 2.5: SampLe BaD CheCk DemaND Letter This check was returned ... Sincerely yours, Mike Simon President Before you start any legal action, ... Found inside – Page 1080But , although an action will not lie for the breach of an executory contract for the sale of goods that do not answer the requirements of the contract , if they have been ... The plaintiff sold a hogshead of cider to the defendant , by sample , as good draught cider . ... The plaintiff did not answer this letter until the 24th of June . Found inside – Page 355... documents 158–60 defendant's case 159 letter before action 158 reply by ... uncertainties 285–6 contract action breach 304, 356–8 causation 306, 307, ... Found inside – Page 297... the problems associated with new media and more : the first decision as to what is defamatory • the letter before action • any application ... and qualified privilege and unintentional defamation • discovery and interlocutory hearings • sample pleadings The author offers advice ... of trade : employment contracts • business sales • partnerships and joint ventures • breach of contract • commercial contracts . Found inside – Page 370Where , in an action for breach of a contract of sale of tobacco by sample , the seller refused to perform , and admitted that he could not ... trade whereby purchasers of tobacco by sample were allowed to inspect the goods before paying for them , if error , was harmless . ... The following day defendant's firm informed plaintiff by letter that it would " be impossible to ship the scrap with which we proposed to ... Found inside – Page 73Sample Breach of Contract Notice With Cure Breach of Contract Notice With Cure Dear [name of breaching party] , This letter concerns the [name of contract ... Found inside – Page 1832action seller ( $ 11 ) C. Action for breach of contract.13_See 12 C. L. 1748_ The buyer may maintain an action for damages for breach ... Where goods were sold where article delivered was not as ordered , by sample , and sample was submitted to buyer's remedy was action for breach . ... Letter admitting receipt of letter not to perform , buyer may , without further which plaintiff claimed had not been sent ... Found inside – Page 75... faith and fair dealing overrode express ( 6 ) that hand delivery of second letter contain“ with or without cause " termination provision ing ... to could not be granted in favor of defendant on sell coke , buyer's inspection of coke sample sent plaintiff's breach - of - contract claim . ... ( 1990 prior to end of agreement's one - year term , Colo App ) 794 P2d 1099 , 12 UCCRS2d 28 . plaintiff attended board meeting ... Found inside – Page 927Action by buyer for breach of contract of sale of potatoes to be shipped from Virginia to Buffalo — contract stipulated price f . o . b ... and take samples before acceptance plaintiff's agent reported goods up to sample and sent samples to plaintiff that were taken from bales ... examination of bags by plaintiffs before contract did not waive right to recover for breach of warranty - letter written by plaintiffs to their ... Found inside – Page 521In an action for the breach of a contract posed by municipal ordinances without for the delivery of goods , proof of the terms of ... decide before evidence eiforma reversed , and cause remanded . ther of losses suffered , or gains prevented , can be ... PATTERSON et al . of one of his traveling salesmen , who had been sent out to make sales by sample of some of the ... The letter of March 16 , 1892 , was an ac- ANDREWS , C. J. This action was brought ceptance by defendants of all the ... Found inside – Page 123Should the action on open for damages on breach of contract , and it account abate because the defendants , if Îiacould not ... as the contract appearance , to be the same goods as the was the act of both of the parties , it could sample shown him by the salesman of plain ... and this action it was for damages for a breach of letter was received by the plaintiff before the contract , and not on open account to ... Found inside – Page 123Should the action on open for damages on breach of contract , and it account abate because the defendants , if liacould not ... as the contract appearance , to be the same goods as the was the act of both of the parties , it could sample shown him by the salesman of plain ... and this action it was for damages for a breach of letter was received by the plaintiff before the contract , and not on open account to ... Found inside – Page 98Q. Under what circumstances will a first mortgagee , alteration in our law discharges the contract . ... if the servant had What must A do to protect himself in such a case , and why ? opened and read the letter before handing it to Brown ? Found inside – Page 350under the new contract justified the refusal of and the same is hereby ratified , and in all further performance by the ... In March , the medical their letter of May 16 , 1914 , as follows : company attempted to cancel said contract ship the sample case to ... Of course , until that matter has been one of your bondsmen has withdrawn from your eompany of the sum of $ 275 ... to be cordance with the contract , which action further bound by the bond executed , as the constituted a breach thereof ... Found inside – Page 10278An action on a contract of sale need not be designated in specific terms " an action for ( N. Y. ) breach of warranty , " to enable plaintiff ... of a mare sold and breach thereof , the mare by sample , breach of implied warranty , and dying , the seller could not recover the balance damages , that plaintiff inserted into his comof the purchase - money note in the buyer's ac- plaint a letter written by defendant promising tion for breach of warranty . ... 1893 ) tion , until after the beginning of the suit . Found inside – Page 1-105.04[I][a] Fiduciary duty, claims of breach of . ... 5.04[3] Letter demanding arbitration and requesting civil action be withdrawn, sample . Found inside – Page 4Prior to termination of the contract , a Notice of Default must be sent to the ... determination or taking any action to terminate for breach of contract . Found inside – Page 491In an action for marble sold and delivered by sample , held , on the evidence , that whether that delivered equaled the sample ... In an action for breach of a contract to buy coal to be mined , plaintiff could not recover both unearned profits and ... Where defendant accepted plaintiff's offer to furnish structural iron at a price , plaintiff's letter stating that defendant had no ... ( N . D. ) Before action for price can be brought on indivisible contract of sale , seller must show delivery and passing of ... Found inside – Page 494If it were contended that the sale was not one by sample , but was one in which the buyers were to examine for themselves , and ... so agree mainly because the defendants admittedly received and read that letter , and yet found no fault , at any time before action , with its statements . ... for breach of contract ; but the conditions were fulfilled as far as the opportunity for comparison of bulk with sample went . Found inside – Page 185... among others , the bill of 23 L. J. , Exch . , 226 . lading , indorsed by C. & Co. , and an order letter to the captain from C. & Co .; and they ... His assignees then brought a special action on the to pay a del credere commission of 21. per cent . ... stop the delivery until the breach of contract , or the price for which the vender bad further orders from them , and that on ... surprised at the detention , as they held the bill of lading , indorsed by C. & Co. , but that they understood that By Sample . Found inside – Page 2375Lille under a contract for the supply of shoes Sale by Public Auction - Sale by Private Tender . ] to the French army , and would have to be passed Although , in pursuance of an order of Court directby the French authorities there , signed a letter to ... shoes delivered , and refused to receive any more , before the Court , or not sui juris , the duty is and brought an action ... for thrown upon the Court of determining what is the breach of contract , claiming to be entitled to throw most beneficial ... Found inside – Page 60Letter before claim First, the claimant should write a 'letter before claim'. ... the main allegations of negligence or breach of contract; ○ a description ... Price 64 ¢ delivered Syracuse, N. Y., ( Court of Appeals New. It is sufficient to offer to sell and not 4 beginning of the the New edition has been to. Adhere to its terms and conditions, including notice requirements, or gains prevented can. 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