sell
Defined in 7 dictionaries — Case Law, U.S. Code, Ballentine's (1916), Black's (1910), Anderson (1889), Abbott (1879), Bouvier (1839)
Definitions from Case Law
From 567 U.S. 142 - Christopher v. Smithkline Beecham Corp. · 2012Most cited · 194 citing opinions
any sale, exchange, contract to sell, consignment for sale, shipment for sale, or other disposition." Thus, under the general regulation, an outside salesman is any employee whose primary duty is making any sale, exchange, contract to sell, consignment for sale, shipment for sale, or other disposition.
United States Code
15 U.S.C. § 77B — in this subchapter (4 versions over time)
The term “sale” or “sell” shall include every contract of sale or disposition of a security or interest in a security, for value. The term “offer to sell”, “offer for sale”, or “offer” shall include every attempt or offer to dispose of, or solicitation of an offer to buy, a security or interest in a security, for value. The terms defined in this paragraph and the term “offer to buy” as used in subsection (c) of section 77e of this title shall not include preliminary negotiations or agreements between an issuer (or any person directly or indirectly controlling or controlled by an issuer, or under direct or indirect common control with an issuer) and any underwriter or among underwriters who are or are to be in privity of contract with an issuer (or any person directly or indirectly controlling or controlled by an issuer, or under direct or indirect common control with an issuer). Any security given or delivered with, or as a bonus on account of, any purchase of securities or any other thing, shall be conclusively presumed to constitute a part of the subject of such purchase and to have been offered and sold for value. The issue or transfer of a right or privilege, when originally issued or transferred with a security, giving the holder of such security the right to convert such security into another security of the same issuer or of another person, or giving a right to subscribe to another security of the same issuer or of another person, which right cannot be exercised until some future date, shall not be deemed to be an offer or sale of such other security; but the issue or transfer of such other security upon the exercise of such right of conversion or subscription shall be deemed a sale of such other security. Any offer or sale of a security futures product by or on behalf of the issuer of the securities underlying the security futures product, an affiliate of the issuer, or an underwriter, shall constitute a contract for sale of, sale of, offer for sale, or offer to sell the underlying securities. Any offer or sale of a security-based swap by or on behalf of the issuer of the securities upon which such security-based swap is based or is referenced, an affiliate of the issuer, or an underwriter, shall constitute a contract for sale of, sale of, offer for sale, or offer to sell such securities. The publication or distribution by a broker or dealer of a research report about an emerging growth company that is the subject of a proposed public offering of the common equity securities of such emerging growth company pursuant to a registration statement that the issuer proposes to file, or has filed, or that is effective shall be deemed for purposes of paragraph (10) of this subsection and section 77e(c) of this title not to constitute an offer for sale or offer to sell a security, even if the broker or dealer is participating or will participate in the registered offering of the securities of the issuer. As used in this paragraph, the term “research report” means a written, electronic, or oral communication that includes information, opinions, or recommendations with respect to securities of an issuer or an analysis of a security or an issuer, whether or not it provides information reasonably sufficient upon which to base an investment decision.
15 U.S.C. § 77CCC — in this section (4 versions over time)
The terms “sale”, “sell”, “offer to sell”, “offer for sale”, and “offer” shall include all transactions included in such terms as provided in paragraph (3) of section 2(a) of the Securities Act of 1933 [15 U.S.C. 77b(a)], except that an offer or sale of a certificate of interest or participation shall be deemed an offer or sale of the security or securities in which such certificate evidences an interest or participation if and only if such certificate gives the holder thereof the right to convert the same into such security or securities.
15 U.S.C. § 80A — in this subchapter
“Sale”, “sell”, “offer to sell”, or “offer for sale” includes every contract of sale or disposition of, attempt or offer to dispose of, or solicitation of an offer to buy, a security or interest in a security, for value. Any security given or delivered with, or as a bonus on account of, any purchase of securities or any other thing, shall be conclusively presumed to constitute a part of the subject of such purchase and to have been sold for value.
29 U.S.C. § 203 — as used in this chapter
“Sale” or “sell” includes any sale, exchange, contract to sell, consignment for sale, shipment for sale, or other disposition.
Ballentine's Law Dictionary
James A. Ballentine · 1916
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
A Dictionary of Law
William C. Anderson · 1889
Dictionary of Terms and Phrases Used in American or English Jurisprudence
Benjamin Vaughan Abbott · 1879
To dispose of by sale, q. v. Seller: the party in a contract of sale who parts with the property principally mentioned; one who, for a valuable consideration, contracts to transfer his ownership in something. An agreement to sell land binds the party to execute a proper deed of conveyance. Smith V. Haynes, 9 Me. 128. A statute, enacting that no license to an administrator to sell the real estate of his intestate, for the payment of debts, shall be in force for a longer time than one year, requires that a deed must be delivered within the year, to render the sale valid, under the license. Although the popular sense may be the true one where the act of the legislature does not relate to a technical subject, yet here, the object being to limit the time of sales and prevent estates being kept open longer than is necessary, the legal sense seems the proper one; and, in a legal sense, there is no sale t Ul the deed is delivered. Macy v. Raymond, 9 Pick. 285. A charter power to "sell" negotiable securities carries with it, by implication, the right to make the assignment necessary to transfer the legal title to a purchaser. Savage v. Walshe, 26 Ala. 619. Sell, in a statute making it a felony to fraudulently sell or dispose of land after having once sold it, does not include a mortgage. People V. Cox, 45 Ccd. 342. A charter authority to a bank " to seU and convey " its property, empowers it to transfer negotiable paper by indorsement. clearly gives a power to mortgage. Gordon V. Preston, 1 Watts, 385. Under laws authorizing a probate court to give to an administrator a license to sell real estate, the word sell is the operative word, both in the statute and in the license, and imports that the title is to be parted with, and not that the estate is to be incumbered. Brown n. Van Duzee, 44 Vt. 529. An agreement authorizing a pledgee of shares in a corporation " to give the stock to any broker to sell," permits a private sale by a broker for the market price. Bryson v. Rayner, 25 Md. 424. To constitute a violation of a law imposing forfeiture on any person whomsoever, of white people, who sliall bring goods and sell them in an Indian nation, there must be a completed sale: it is not sufficient that there should be an offer to sell. Mingo v. Goodman, 2 Miss. 552. Upon the distinction between the expressions, to sell, and to barter, see Lumpkin v. Wilson, 5 Heish. bhb.
A Law Dictionary, Adapted to the Constitution and Laws of the United States
John Bouvier · 1839
By the laws of the states ef Pennsylvania, Delaware and Missouri, it is declared that the words graxt, bargain,and sell, shall amount to a covenant that the grantor was seised of an estate in fee, freed from encumbrances done or suffered by him, and for quiet enjoyment as against all his acts. But these words do not amount to a general warranty, but merely to a covenant that the grantor has not done any acts, nor created any encumbrance, by which the estate may be defeated. 2 Binn. R. 95; 3 Penna. R. 313; vide 2 Caines’s R. 188; 1 Murph. R. 843; Ib. 348.