 by description, there is an implied condition that the goods shall correspond with the description ; and if the sale be by sample, as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not...  The Law Journal Reports - Page 3021893Full view - About this book
 | 1900 - 880 lehte
...Sale of Goods Act, 1893 (56 & 57 Viet. c. 71), s. 13, "Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description." Here the plaintiff described the machine to the defendant, who had never seen it, but agreed to buy... | |
 | John Baron Moyle - 1892 - 296 lehte
...19. i. 6. 4: ib. 13. 3 & 4: 18. 6. 6. In English law 'where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description' (Josling v. Kingsford, 32. LJCP 94 : Modi/ v. Gregson, LR 4 Ex. p. 56), Chalmers, Sale of Goods, §... | |
 | James Mackintosh - 1892 - 300 lehte
...reject, and recover the price if paid. Cp. SGB § 15 : ' Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description.' Where, however, the article tendered answers the description, the buyer must, in the absence of fraud... | |
 | Joseph Edwin Crawford Munro - 1893 - 258 lehte
...Implied Warranties.—In certain cases the law implies a condition or a warranty. 1. Where goods are sold by description, there is an implied condition that the goods shall correspond with the description. " If you contract to sell peas, you cannot oblige a party to take beans" (Lord Blackburn in Bowes v.... | |
 | Frank Newbolt - 1894 - 204 lehte
...covenants in a conveyance of real estate. 13.—Where there is a contract for the sale ofsaieby goods by description, there is an implied condition that...goods do not also correspond with the description. Example 1.—A druggist agreed to buy " 2 tons of fair merchantable sassafras wood," and a specimen... | |
 | Richard Brown - 1895 - 448 lehte
...contract for the sale of goods SALE BY DESCRIPTION. by description, (a) there is an implied coudition (6) that the goods shall correspond with the description ; and if the sale be by sample,( 0 as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample... | |
 | Joseph Chitty - 1896 - 906 lehte
...by descrip- Sale by lion, there is an implied condition that the goods shall correspond eson l' t10 "with the description (/«); and* if the sale be by...with the sample if the goods do not also correspond \vith the description (i). 14. Subject to the provisions of this Act (k) and of any statute Implied... | |
 | Edward Bullen, Thomas Joseph Bullen - 1897 - 1210 lehte
...Я. SC 1883, App. C., Sect. V., No. 2, set out " Sale of Goods," ante, p. 322. for the sale of goods by description there is an implied condition that the goods shall correspond with the description." This section applies in cases where unascertained goods, or goods which the buyer has no opportunity... | |
 | Northwest Territories - 1899 - 940 lehte
...sale of goods by de- sale by scription there is an implied condition that the goods shall de(tcription correspond with the description; and if the sale be...goods do not also correspond with the description. No. 10 of 1896, s. 13. 1 6. Subject to the provisions of this Ordinance and of any Ordinance in that... | |
 | Sir Mackenzie Dalzell Edwin Stewart Chalmers - 1899 - 264 lehte
...pole); Bowet v. Shand (1S77), 2 App. Cas. 455 (rice); Pollock on Contracts, 4th cd., p. 436. Sect. 13. be by sample, as well as by description, it is not...goods do not also correspond with the description. 1 The principle is a universal one. Si ce« pro auro veneat, non valet. 3 Thus, where there was a contract... | |
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