Sturm v. Boker, 150 U. S. 812
Categories: Contracts
Definition (1910 Edition)
14 Sup. Ct. 99, 87. L. Ed. 1003; Haskins v. Dern, 19 Utah, 89, 56 Pac. 953: Hickman v. Shimp, 109 Pa. 16.—Sale in gross. The term “sale in gross,” when applied to the thing sold, means a8 sale by the tract, without regard to quantity, and is in that sense a contract of hazard. Yost v. Mallicote, 77 Va. 616.—Sale-note. A memorandum of the subject and terms of a sale, given by a broker or factor to the seller, who bailed him the zoods for that purpose, and to the buyer, who dealt with him. Also called “bought and sold notes.”—Sale on credit. <A sale of property accompanied by delivery of possession, but where payment of the price is deferred to a future day.—Sale on approval. <A species of conditional sale, which is to become absolute only in case the buyer, on trial, approves or is satisfied with the article sold. The approval, however, need not be express; it may be inferred from his keeping the goods beyond a reasonable time. Benj. Sales, § 911—Sale per aversionem. In the civil law, a sale where the goods are taken in bulk, or not by weight or measure, and for a single price, or where a piece of land is sold for a gross sum, to be paid for the whole premises, and not at a fixed price by the acre or foot. Winston v. Browning. 61 Ala. 83; State v. Buck, 46 La. Ann. 656, 15 South. 531.—Sale with all faults. On what is called a “sale with all faults,” unless the seller fraudulently and inconsistently represents the article sold to be faultless, or contrives to conceal any fault from the purchaser, the latter must take the article for better or worse. 8
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain.
UK commentary and modern updates are original additions. This entry is for educational
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