 When the subject-matter of a sale is not in existence, or not ascertained at the time of the contract, an undertaking that it shall, when existing or ascertained, possess certain qualities, is not a mere warranty, but a condition, the performance of which...  Reports of the U.S. Board of Tax Appeals - Page 172by United States. Board of Tax Appeals - 1928Full view - About this book
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1916 - 830 pages
...of a sale is not in existence, or not ascertained at the time of the contract, an undertaking that it shall, when existing or ascertained, possess certain...those qualities, being part of the description of the things sold, becomes essential to its identity, and the vendee cannot be obliged to receive and pay... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1892 - 830 pages
...is not in existence at the time of the contract, an undertaking that it shall, when existing, * * * possess certain qualities, is not a mere warranty,...any obligation upon the vendee under the contract." Pope v. Allis, 115 US 363, 371 (6 Sup. Ct. Hep. 69). And I know of no rule of law, in such a case as... | |
 | United States. Court of Claims - 1925 - 828 pages
...matter of a sale is not in existence or not ascertained at the time of the contract, an undertaking that it shall, when existing or ascertained, possess certain...obligation upon the vendee under the contract, because the Opinion of the Court existence of those qualities, being part of the description of the thing sold... | |
 | Judah Philip Benjamin - 1868 - 748 pages
...of the sale is not in existence, or not ascertained at the time of the contract, an engagement that it shall, when existing or ascertained, possess certain...becomes essential to its identity, and the vendee cannot be obliged to receive and pay for a thing different from that for which he contracted." The... | |
 | 1885 - 550 pages
...merchantable quality or fitness for a special purpose is part of the contract of sale itself, operating as a condition, the performance of which is precedent...vendee under the contract, because the existence of such quality or fitness is essential to the identity of the thing sold. See Reed v. Randall, 29 NY*J8,3G3;... | |
 | 1915 - 1228 pages
...of a sale is not in existence, or not ascertained at the time of the contract, an undertaking that it shall, when existing or ascertained, possess certain...those qualities, being part of the description of the things sold, becomes essential to its identity, and the vendee cannot be obliged to receive and pay... | |
 | 1921 - 2116 pages
...subject-matter of a snip Is not In existence or not ascertained at the time of the contract, nn undertaking that it shall, when existing or ascertained, possess certain...becomes essential to its identity, and the vendee '•annot be obliged to receive and pay for a thing different from that for whiclr he contracted [citing... | |
 | Judah Philip Benjamin - 1884 - 646 pages
...of the sale is not in existence, or not ascertained at the time of the contract, an engagement that it shall, when existing or ascertained, possess certain...becomes essential to its identity, and the vendee cannot be obliged to receive and pay for a thing different from that for which he contracted." The... | |
 | Illinois. Appellate Court, James Bolesworth Bradwell - 1884 - 728 pages
...of the sale is not in existence, or not ascertained, at the time of the contract, an engagement that it shall, when existing or ascertained, possess certain...any obligation upon the vendee under the contract." Citing, Chanter v. Hopkins, supra; Barr v. Gibson, 3 Mees & Welsb. 390; and Gompertz v. Bartlett, supra.... | |
 | 1885 - 548 pages
...merchantable quality or fitness for a special purpoae is part of the contract of sale itself, operating as »condition, the performance of which is precedent...vendee under the contract, because the existence of such quality or fitness is essential to the identity of the thing sold. See Леей v. Randall, 29... | |
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