 | 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 - 1922 - 836 pages
..." 'The decisive) test has been said to be whether the vendor assumes to assert a fact of which the buyer is ignorant, or merely states an opinion or...opinion and to exercise his judgment. In the former case, there is a warranty, in the latter not.' 2 Mechem on Sales, § 1243." It was the claim of the... | |
 | Illinois. Supreme Court - 1910 - 726 pages
...buyer is ignorant and upon which he relies. If he merely states an opinion upon a matter of which .he has no special knowledge and on which the buyer may be expected to have an opinion it is no warranty. Kenner v. Harding, 85 1ll. 264. MUSGRAVE, PLATT &' LEE, for appellee... | |
 | Judah Philip Benjamin - 1868 - 748 pages
...whether it was so intended, a decisive test is whether the vendor assumes to assert &fact of which the buyer is ignorant, or merely states an opinion or...opinion, and to exercise his judgment. In the former case there is a warranty, in the latter, not. 5 This intention is a question of fact for the jury,... | |
 | California - 1872 - 728 pages
...intended as a warranty, " a decisive test is whether the vendor assumes to assert a fact of which the buyer is ignorant, or merely states an opinion or...to have an opinion and to exercise his judgment. In tho former case there is a warranty, in the latter not." — Benjamin on Sales, p. 454; Pasley vs.... | |
 | Isaac Grant Thompson - 1877 - 882 pages
...Sales, page 499, says : "A decisive test is whether \ the vendor assumes to assert a fact of which the buyer is ignorant, or ^ merely states an opinion or...opinion, and to exercise his judgment. In the former case there is a warranty ; in the latter, not." Wolcott v. Mount. This criterion is the product of... | |
 | Isaac Grant Thompson - 1879 - 912 pages
...in fact a warranty, the decisive test is, whether the vendor assumes to assert a fact of which the buyer is ignorant, or merely states an opinion or...on which the buyer may be expected, also, to have au opinion and to exercise his judgment. In the former case, there is a warranty; in the hitter, not... | |
 | Judah Philip Benjamin - 1881 - 1076 pages
...is whether Test for the vendor assumes to assert a fact of which the buyer deciding _ . _ . whether is ignorant, or merely states an opinion or judgment...knowledge, and on which the buyer may be expected also to (A) 1 Lord Raymond, 593 ; Salk. 220. Buck, 3 Vt. 53 ; Hawkins v. Berry, 5 Giltatiou amounts to warruntv.... | |
 | Judah Philip Benjamin - 1884 - 646 pages
...THE CONTRACT. [BOOK IV. 1ОГ QÔwarrant* whether the vendor assumes to assert a fací of which the buyer is ignorant, or merely states an opinion or...the buyer may be expected also to have an opinion, ¡ind to exercise his judgment. In the former case there is a warranty, in the latter, not. (f) 6 But... | |
 | Herbert Broom, Herbert Francis Manisty, Charles Francis Cagney - 1884 - 1078 pages
...have intended a warranty ; not so if he only gives an opinion or judgment upon a matter of which he has no special knowledge, and on which the buyer may...also to have an opinion and to exercise his judgment (</). A vendor is not fixed with a warranty because he affirms that the thing sold has not a defect,... | |
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A decisive test is whether the vendor assumes to assert a fact of which the buyer is ignorant, or merely states an opinion or judgment upon a matter of which the vendor has no special knowledge, and on which the buyer may be expected also to have an opinion,... 
