 | Great Britain. Courts - Law reports, digests, etc - 1816 - 470 pages
...emplor does not apply. He cannot without a warranty insist that it shall be of any particular quality or fineness, but the intention of both parties must be...market under the denomination mentioned in the contract between them. The purchaser cannot be supposed to buy goods to lay them on a dunghill. The question... | |
 | Mungo Ponton Brown - Contracts - 1821 - 656 pages
...He cannot, without * a warranty, insist that it shall be of any particular quality or fine* ness ; but the intention of both parties must be taken to...be saleable in the market, under the denomination meu' tioncd in the contract between them. The purchaser canndt 4 be supposed to buy goods to lay them... | |
 | Samuel Comyn - Contracts - 1824 - 680 pages
...emptor does not apply. He cannot without a warranty insist that it shall be of any particular quality or fineness; but the intention of both parties must be...market under the denomination mentioned in the contract between them." The plaintiff accordingly obtained a verdict. But upon a sale by sample with a warranty... | |
 | Great Britain. Court of King's Bench, Frederick Augustus Carrington, Joseph Payne - Law reports, digests, etc - 1825 - 742 pages
...emptordoft not apply. He cannot, without a warranty, insist that it shall be of any particular quality or fineness; but the intention of both parties must be...the market under the denomination mentioned in the cootract" In Bridge v. Wain, I Stark. 504, Lord Mi, i. EN BOROUGH ruled, that if goods were sold by... | |
 | Great Britain. Court of Common Pleas, Peregrine Bingham - Law reports, digests, etc - 1829 - 616 pages
...does not apply. He cannot, without a warranty, insist that it shall be of any particular quality or fineness; but the intention of both parties must be...market under the denomination mentioned in the contract between them." In Okett v. Smith (d) and Bluett v. Osborne (e), Lord Ellenbormigh lays down the same... | |
 | Great Britain. Court of Common Pleas, Peregrine Bingham - Law reports, digests, etc - 1832 - 614 pages
...plaintiff waste silk, and sent an article not saleable under that denomination, Lord Ellenborough said, " The intention of both parties must be taken to be,...market under the denomination mentioned in the contract between them : the purchaser cannot be supposed to buy goods to lay them on a dunghill." In Bridge... | |
 | Benjamin Lynde Oliver - Commercial law - 1833 - 400 pages
...purchaser has no opportunity to inspect the article, the intention of both parties must be taken ^o be, that it shall be saleable in the market under the denomination mentioned in the contract between them. See 4 Cowen, 440. See also Duffee v. Mason, 8 Cowen, 25. Where a contract made with warranty... | |
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... is an implied term in every such contract. Where there is no opportunity to inspect the commodity, the maxim of caveat emptor does not apply. He cannot without a warranty insist that it shall be of any particular quality or fineness, but the intention... 
