DEALER

Definition of DEALER in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.

Definition of DEALER

In the popular sense, one who buys to one who buys to keep, or makes to sell. Commonwealth v. Lutz, 284 Pa. 184, 130 A. 410, 411; Moore v. State, 148 Ga. 457, 97 S.E. 76, 77; In re I. Rheinstrom & Sons Co., D.C.Ky., 207 F. 119, 136.

The term includes one who carries on the business of selling goods, wares, and merchandise, manufactured by him at a store or warehouse apart from his own shop, or manufactory. Atlantic Refining Co. v. Van Valkenburg, 265 Pa. 456, 109 A. 208, 209.

A "dealer," as in narcotics, is one who sells promiscuously, -one who is ready and willing to sell to anyone applying to purchase, if unaware that they are officers or undercover men. Taylor v. U. S., C.C.A.Mo., 19 F.2d 813, 815.

Under Blue Sky Laws, a "dealer" Is one making successive sales as a business. People v. glum, 213 Mich. 651, 182 N.W. 136, 138. 15 A.L.R. 253 ; State v. Barrett, 121 Or. 57, 254 P. 198, 200. Compare, also, Commonwealth v. Silverman, 220 Mass. 552, 108 N.E. 358, Ann.Cas.1917A, 948.

For various definitions under particular statutes, see State v. Perkins, 88 Vt. 121, 92 A. 1, 2 (dealer in evergreen trees); Texas Co. v. State, 31 Ariz. 485, 254 P. 1060, 1063, 53 A.L.R. 258 (dealer in gasoline); Pierce v. Hutchinson, 241 Mass. 557, 136 N.E. 261, 263 (dealer in motor vehicles).

Makers of an accommodation note are deemed dealers with whoever discounts it. Vernon v. Manhattan Co., 17 Wend., N.Y., 524.

Dealers' talk. That picturesque and laudatory style affected by nearly every trader in setting forth the attractive qualities of the goods he offers for sale. Prince v. Brackett, Shaw & Lunt Co., 125 Me, 31, 130 A. 509, 511. The puffing of goods to induce the sale thereof; not regarded in law as fraudulent unless accompanied by some artifice to deceive the purchaser and throw him off his guard or some concealment of intrinsic defects not easily discoverable. Kimball v. Bangs, 144 Mass, 321, 11 N.E. 113; Williams v. Fouche, 164 Ga, 311, 138 S.E. 580, 581.

Real estate dealer. One who, on his own account and as a business independent of that of another real estate agent, engages for a consideration to aid others, whether the owners of the property or their agents, in selling real estate which is offered for sale. Horsley v. Woodley, 12 Ga.App. 456, 78 S.E. 260, 261.

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