purchaser 音标拼音: [p'ɚtʃəsɚ]
n . 买方,购买者
买方,购买者
purchaser n 1 :
a person who buys [
synonym : {
buyer }, {
purchaser }, {
emptor },
{
vendee }]
Purchaser \
Pur "
chas *
er \,
n .
1 .
One who purchases ;
one who acquires property for a consideration ,
generally of money ;
a buyer ;
a vendee .
[
1913 Webster ]
2 . (
Law )
One who acquires an estate in lands by his own act or agreement ,
or who takes or obtains an estate by any means other than by descent or inheritance .
[
1913 Webster ]
PURCHASER ,
contracts .
A buyer ,
a vendee .
2 .
It is a general rule that all persons ,
capable of entering into contracts ,
may become purchasers both of real and personal property .
3 .
But to this rule there are several exceptions .
1 .
There is a class of persons who are incapable of purchasing except sub modo ;
and ,
2 .
Another class ,
who ,
in consequence of their peculiar relation with regard to the owners of the thing sold ,
are totally incapable of becoming purchasers ,
while that relation exists .
4 .-
1 .
To the first class belong ,
1st .
Infants under the age of twenty -
one years ,
who may purchase ,
and at their full age bind themselves by agreeing to the bargain ,
or waive the purchase without alleging any cause for so doing .
If they do not agree to the purchase after their full age ,
their heirs may waive it in the same manner as they themselves could have done .
Cro .
Jac .
320 ;
Rolle '
s Ab .
731 K ;
Co .
Litt .
2 b ;
6 Mass .
R .
80 ;
6 John .
R .
257 .
5 .-
2d .
Femes covert ,
who are capable of purchasing but their husbands may disagree to the contract ,
and divest the whole estate ;
the husband may further recover back the purchase -
money .
1 Ld .
Raym .
224 ;
1 Madd .
Ch .
R .
258 ;
6 Binn .
R .
429 .
When the husband neither ,
agrees nor disagrees ,
the purchase will be valid .
After the husband '
s death ,
the wife may waive the purchase without assigning any cause for it ,
although the husband may have agreed to it ;
and if ,
after her husband '
s death ,
she do not agree to it ,
her heirs may waive it .
Co .
Lift .
3 a ;
Dougl .
R .
452 .
6 .-
3d .
Lunatics ,
or idiots ,
who are capable of purchasing .
It seems that although they recover their senses ,
they cannot of themselves waive the purchase ;
yet if ,
after recovering their senses ,
they agree to it ,
their heirs cannot set it aside .
2 Bl .
Com .
291 ;
and see 3 Day '
s R .
101 .
Their heirs may avoid the purchase when they die during their lunacy or idiocy .
Co .
Litt .
2 b .
7 .-
2 .
It is a general rule that trustees 2 Bro .
C .
C .
400 ;
3 Bro .
C .
C .
483 ;
1 John .
Ch .
R .
36 ;
3 Desaus .
Ch .
R .
26 ;
3 Binn .
Y .
59 ;
unless they are nominally so ,
to preserve contingent remainders ;
11 Ves ,
Jr .
226 ;
agents ;
8 Bro .
P .
C ;
42 ;
13 Ves .
Jr .
95 ;
Story ,
Ag .
Sec .
9 ;
commissioners of bankrupts ;
assignees of bankrupts ;
solicitors to the commission ;
6 Ves .
Jr .
630 ,
n .
b .;
auctioneers and creditors who have been consulted as to the mode of sale ;
6 Ves .
Jr .
617 ;
2 Johns .
Ch .
R .
257 ;
or any other persons who ,
by their connexion with the owner ,
or by being employed concerning his affairs ,
have acquired a knowledge of his property ,
are generally incapable of purchasing such property themselves .
And so stern is the rule ,
that when a person cannot purchase the estate himself ,
he cannot buy it ,
as agent for another ;
9 Ves .
Jr .
248 ;
nor perhaps employ a third person to bid for it on behalf of a stranger ;
10 Ves .
Jr .
381 for no court is equal to the examination and ascertainment of the truth in a majority of such cases .
8 Ves .
Jr .
345 .
8 .
The obligations of the purchaser resulting from the contract of sale ,
are ,
1 .
To pay the price agreed upon in the contract .
2 .
To take away the thing purchased ,
unless otherwise agreed upon ;
and ,
3 .
To indemnify the seller for any expenses he may have incurred to preserve it for him .
Vide Sugd .
on Vend .
Index ,
h .
t .;
Ross on Vend .
Index ,
h .
t .;
Long on Sales ,
Index ,
h .
t .;
2 Supp .
to Ves .
Jr .
449 ,
267 ,
478 ;
Yelv .
45 ;
2 Ves .
Jr .
100 ;
8 Coin .
Dig .
349 ;
3 Com .
Dig .
108 .
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