payment of the price

"And when I return, we shall talk about payment of the price for you daughter."

'Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions..'

Unless the parties agree otherwise, he has the right to take delivery upon payment of the price and to do so irrespective of whether property has passed to him.

If the goods are identified to the contract for sale and in the possession of the seller, a court may order that the goods be delivered over to the buyer upon payment of the price.

In other words, what occurs, after the contract is made, in relation either to the possession of the goods or to the payment of the price, can have no bearing upon the operation of Rule 1.

In this case the innocent purchaser had agreed to buy a car from, as he later discovered, someone who did not own it, on terms that property in the car would pass to him upon payment of the price.

Since the contract is not rescinded by the seller exercising his rights of lien or stoppage, the seller's obligations under the contract remain, including his obligation to deliver the goods against payment of the price.

In this connection s 28 of the SGA should be noted; unless otherwise agreed delivery of the goods and payment of the price are concurrent conditions, and must therefore occur at the same time.

Following the first stage in the sale of a property (the missives or contract), the purchaser has a personal right against the seller - that is, a purely contractual right to make the seller confer ownership on the purchaser in exchange for payment of the price.

'The understanding is that the auctioneer should not part with possession of them (the goods) to the purchaser except against payment of the price; or if the auctioneer should part with them without receiving payment, he is responsible to the vendor for the price..

In the absence of negligence on the part of the seller, the general rule is that the risk passes to the buyer when the sale is perfecta: that is, as soon as the agreement of sale is concluded, and before delivery or payment of the price.

(d) Special problems Provisions relating to time The terms may contain a number of provisions concerned with periods of time: for example, they may set limits on the time for action to be taken, including the time for delivery, the service of notices, notification of claims and payment of the price.