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Sales

Legal Remedies

1896

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Contracts Of Sale Of Merchandise--Fraud On The Vendor, Levi T. Griffin Jan 1896

Contracts Of Sale Of Merchandise--Fraud On The Vendor, Levi T. Griffin

Articles

This is an interesting topic to every jobbing house, and to every attorney concerned with mercantile collections. The law is pretty well settled on the general subject and the Treatises on Sales are plentiful. Among the best is that of Mr. Benjamin. Tiffany on Sales of the Hornbrook Series recently issued assumes also to state briefly the principles which control in these cases. At large commercial and metropolitan points, and among lawyers who have occasion to often deal with this question, there is perhaps not much difficulty in arriving at correct conclusions, and promptly enforcing the rights of a defrauded …


Contracts Of Sale Of Merchandise--Fraud On The Vendor, Levi T. Griffin Jan 1896

Contracts Of Sale Of Merchandise--Fraud On The Vendor, Levi T. Griffin

Articles

In a former article (May number JOURNAL) fraud in contemplation of law, or legal fraud was considered. It was contended that a false representation, though honestly made and believed to be true, afforded sufficient ground to the vendor for rescinding a con- tract of sale. We now propose to briefly consider character of statements made, with some reference also to representations made to commercial agencies. It may be regarded as within the common knowledge of the profession, that the false representation must be the assertion of a fact, and usually of an existing fact, although the fact may depend upon …