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" I am of opinion, however, that under GRAY. such circumstances, the purchaser has a right to expect a saleable article answering the description in the contract. Without any particular warranty, this is an implied term in every such contract. "
Reports of Cases Determined at Nisi Prius,: In the Courts of King's Bench ... - Page 145
by Great Britain. Courts - 1816
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A Treatise on the Law of Sale, 282. raamat

Mungo Ponton Brown - 1821 - 656 lehte
...reasonable judgment of ' the commodity. I am of opinion, however, that, under such cir' cumstances, the purchaser has a right to expect a saleable article,...answering the description in the contract. Without any particu' lar warranty, this is an implied term in e^ry such contract. * Where there is no opportunity...
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Reports of Cases Argued and Ruled at Nisi Prius: In the Courts of King's ...

Great Britain. Court of King's Bench, Frederick Augustus Carrington, Joseph Payne - 1825 - 742 lehte
...article, answering the de • scription in the contract ; and that, without any particular warranty, it is an implied term in every such contract. " Where there is no opportunity of inspecting the commodity, the rule of caveat emptordoft not apply. He cannot, without a warranty,...
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Reports of Cases Argued and Determined in the Court of Common ..., 5. köide

Great Britain. Court of Common Pleas, Peregrine Bingham - 1829 - 616 lehte
...found to be of a quality not saleable under the denomination of waste silk, Lord Ellenborough said, " The purchaser has a right to expect a saleable article,...in the contract. Without any particular warranty, there is an implied term in every such contract. Where there is no opportunity to inspect the commodity,...
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Cases Argued and Determined in the Courts of Common Pleas & Exchequer ...

John Bayly Moore, Great Britain. Court of Common Pleas, John Scott - 1833 - 830 lehte
...not saleable under that denomination; and, as Lord Ellenborough justly said — " The purchaser had a right to expect a saleable article, answering the description in the contract." So, in Bridge v. Wain, the article was described in the invoice as " scarlet cuttings," and Lord Ellenborough...
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The adventures of a gentleman in search of a horse, by Cavent Emptor

sir George Stephen - 1835 - 360 lehte
...inferior quality that they were not saleable as waste silk. Lord Ellenborough held that the purchaser had a right to expect a saleable article, answering the description in the contract ; and that without any particular warranty, it is an implied term in every such contract. " Where there...
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Reports of Cases Argued and Determined in the Supreme Court: And ..., 4. köide

Esek Cowen, New York (State). Supreme Court - 1836 - 828 lehte
...purchaser to form a judgment of the commodity, but not as a warranty, Ld. Ellenborough held, that under such circumstances, the purchaser has a right to expect a saleable article, according to the description in the contract. He adds, "without any particular warranty, there is an...
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Reports of Cases Argued and Determined in the Court of ..., 2. köide;95. köide

Great Britain. Court of Common Pleas - 1838 - 338 lehte
...the purchaser to form a reasonable judgment of the commodity. I am of opinion, however, that, under such circumstances, the purchaser has a right to expect a saleable article answering to description in the contract." Here the plaintiff was entitled to receive pork Com. Pleat. of the...
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A Practical Treatise of the Law of Evidence, and Digest of Proofs ..., 1. köide

Thomas Starkie - 1842 - 1186 lehte
.... Cooper v. Twibill, 3 Camp. 286. (i) Gardiner v. Gray, 4 Camp. 144. Lord Ellenborough observed, " The purchaser has a right to expect a saleable article...description in the contract, without any particular warranty ; there is an implied term in every such contract, where there is no opportunity to inspect the commodity...
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Leading Cases in the Commercial Law of England and Scotland, 2. köide

George Ross - 1855 - 956 lehte
...be merchantable. In Gardiner v. Gray, LORD ELLENBOROUGH laid down the same rule, and said, " That a purchaser has a right to expect a saleable article,...no opportunity to inspect the commodity, the maxim d caveat emptor does not apply." That appears to me to be rery important, as far as regards this case....
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Reports of Cases Argued and Determined in the English Courts of ..., 15. köide

Great Britain. Courts - 1869 - 790 lehte
...found to be of a quality not saleable under the denomination of waste silk, Lord Ellenbormig/i said, " The purchaser has a right to expect a saleable article,...in the contract. Without any particular warranty, there is an implied term in every such contract. Where there is no opportunity to inspect the commodity,...
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