 | United States. Supreme Court - 1871 - 730 pages
...within the bale. Mr. Charles E. Perkins, contra. Mr. Justice DAVIS delivered the opinion of the court. No principle of the common law has been better established,...opportunity to inspect the commodity, and the seller is gnilty of no fraud, and is neither the manufacturer nor grower of the article he sells, the maxim of... | |
 | Judah Philip Benjamin - 1877 - 984 pages
...law, where a purchaser inspects for himself the specific goods sold, and there is no express warranty, and the seller is guilty of no fraud, and is neither the manufacturer nor grower of the goods sold, the maxim of caveat emptor applies ; 3d, that inasmuch as the law in such a case implies... | |
 | 1919 - 2026 pages
...absence of an expressed warranty. In Barnard v. Kellogg, 10 Wall. 383, 19 L. Ed. 987, the court said : "No principle of the common law has been better established,...often affirmed, both In this country and in England, thnn that in sales of personal property, in the absence of express warranty, where the buyer has an... | |
 | Charles Greenstreet Addison - 1881 - 800 pages
...law, where a person inspects for himself the specific goods sold, and there is no express warranty, and the seller is guilty of no fraud, and is neither the manufacturer nor grower of the goods sold, the maxim of careat emptor applies ; and 3d. that since the law in such a case implies... | |
 | Judah Philip Benjamin - 1881 - 1076 pages
...law, where a purchaser inspects for himself the specific goods sold, and there is no express warranty, and the seller is guilty of no fraud, and is neither the manufacturer nor groiver of the goods sold, the maxim of caveat emptor applies ; 3d, that inasmuch as the law in such... | |
 | 1882 - 992 pages
...of an agreement, is not allowed upon unliquidated accounts, etc. (i.) In sales of personal property, where the buyer has an opportunity to inspect the...and is neither the manufacturer nor grower of the articles he sells, the maxim caveat emptor applies, and the buyer takes the risk of the quality upon... | |
 | 1882 - 970 pages
...agreement, is not allowed upon unliquidated accounts, etc. (i.) In sales of personal property, ^vhere the buyer has an opportunity to inspect the commodity,...and is neither the manufacturer nor grower of the articles he sells, the maxim caveat emptor applies, and the buyer takes the risk of the quality upon... | |
 | 1920 - 1156 pages
...Or. 289, 28 Рас. 2, 14 LRA 157: i " 'No principle of the common law,' said Mr. | Justice Davis, 'has been better established, or more often affirmed,...[in] sales of personal property, in the absence of an express warranty, where tho buyer has an opportunity to inspect the goods, and the seller is guilty... | |
 | 1884 - 554 pages
...Barnard v. Kellog.y, 10 Wall. 388, where speaking by Mr. Justice Davis, the court observed, that " no principle of the common law has been better established, or more often affirmed, both in this country and iu England, than that in sales of personal property, in the absence of express warranty, where the... | |
 | 1884 - 434 pages
...— Implied Warranty. — In sales of personal property, in the absence of express warranty, whdre the buyer has an opportunity to inspect the commodity, and the seller is guilty of no fraud, and is not the manufacturer of the article he sells, the maxim of caveat emptor applies. Lindley v. Hunt,... | |
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No principle of the common law has been better established, or more often affirmed, both in this country and in England, than that in sales of personal property, in the absence of express warranty, where the buyer has an opportunity to inspect the commodity,... 
