bargain and sale
2 dicționare găsite pentru bargain and sale
Din dicționarul The Collaborative International Dictionary of English v.0.48 :
Bargain \Bar"gain\, n. [OE. bargayn, bargany, OF. bargaigne, bargagne, prob. from a supposed LL. barcaneum, fr. barca a boat which carries merchandise to the shore; hence, to traffic to and fro, to carry on commerce in general. See Bark a vessel. ] 1. An agreement between parties concerning the sale of property; or a contract by which one party binds himself to transfer the right to some property for a consideration, and the other party binds himself to receive the property and pay the consideration. [1913 Webster] A contract is a bargain that is legally binding. --Wharton. [1913 Webster] 2. An agreement or stipulation; mutual pledge. [1913 Webster] And whon your honors mean to solemnize The bargain of your faith. --Shak. [1913 Webster] 3. A purchase; also ( when not qualified), a gainful transaction; an advantageous purchase; as, to buy a thing at a bargain. [1913 Webster] 4. The thing stipulated or purchased; also, anything bought cheap. [1913 Webster] She was too fond of her most filthy bargain. --Shak. [1913 Webster] Bargain and sale (Law), a species of conveyance, by which the bargainor contracts to convey the lands to the bargainee, and becomes by such contract a trustee for and seized to the use of the bargainee. The statute then completes the purchase; i. e., the bargain vests the use, and the statute vests the possession. --Blackstone. Into the bargain, over and above what is stipulated; besides. To sell bargains, to make saucy (usually indelicate) repartees. [Obs.] --Swift. To strike a bargain, to reach or ratify an agreement. "A bargain was struck." --Macaulay. [1913 Webster] Syn: Contract; stipulation; purchase; engagement. [1913 Webster]Din dicționarul Bouvier's Law Dictionary, Revised 6th Ed (1856) :
BARGAIN AND SALE, conveyancing, contracts. A contract in writing to convey lands to another person; or rather it is the sale of a use therein. In strictness it is not an absolute conveyance of the seisin, as a feoffment. Watk. Prin. Conv. by Preston, 190, 191. The consideration must be of money or money's worth. Id. 237. 2. In consequence of this conveyance a use arises to a bargainee, and the statute 27 Henry VIII. immediately transfers the20legal estate and possession to him. 3. A bargain and sale, may be in fee, for life, or for years. 4. The proper and technical words of this conveyance are bargain and sale, but any other words that would have been sufficient to raise a use, upon a valuable consideration, before the statute, are now sufficient to constitute a good bargain and sale. Proper words of limitation must, however, be inserted. Cruise Dig. tit. 32, c. 9; Bac. Ab. h. t. Com. Dig. h. t.; and the cases there cited; Nels. Ab. h. t. 2 Bl. Com. 338. 5. This is the most common mode of conveyance in the United States. 4 Kent, Com. 483; 3 Pick. R. 529; 3 N. H. Rep. 260; 6 Harr. & John. 465; 3 Wash. C. C. Rep. 376; 4 Mass. R. 66; 4 Yeates, R. 295; 1 Yeates, R. 828; 3 John. R. 388; 4 Cowen's R. 325; 10 John. R. 456, 505; 3 N. H. Rep. 261; 14 John. R. 126; 2 Harr. & John. 230; 2 Bouv. Inst. n. 207 7 8.
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