 | 1922 - 1138 pages
...rags and paying plaintiff the reasonable market value therefor. The above sections read respectively as follows: "In the absence of express or implied...warranty in the contract to sell or the sale. But, if, after acceptance of the goods, the buyer fails to give notice to the seller of the breach of any promise... | |
 | American Bar Association - 1906 - 474 pages
...American law also. Mechem, § 1379 et seq. Section 49. — [Acceptance Does not Bar Action for Damages.] In the absence of express or implied agreement of...warranty in the contract to sell or the sale. But, if, after acceptance of the goods, the buyer fail to give notice to the seller of the breach of any promise... | |
 | 1915 - 1138 pages
...329). "49. Acceptance of Goods. Liability for Breach of 1'romise or Warranty; Notice of Brenoh. — In the absence of express or implied agreement of...warranty in the contract to sell or the sale. But if, after acceptance of the goods, the buyer fail to give notice to the seller of the breach of any promise... | |
 | 1922 - 956 pages
...(4 Comp. St. 1910, p. 4658) expressly enacts that, in the absence of express or implied agreement, acceptance of the goods by the buyer shall not discharge...breach of any promise or warranty in the contract. The offer of the defendant must, we think, be taken to mean that it was an offer to prove that the... | |
 | 1913 - 1288 pages
...Personal Property Law (Laws 1911, c. 571), which reads: "Acceptance Does Not Bar Action For Damages. — In the absence of express or implied agreement of...warranty in the contract to sell or the sale. But, if, after acceptance of the goods, the buyer fails to give notice to the seller of the breach of any promise... | |
 | 1914 - 1290 pages
...of the fixtures, if there was an acceptance, would not preclude the buyer from a remedy for damages "for breach of any promise or warranty in the contract to sell or the sale." See, also, section 150 of the statute. I think it is plain that there was a question for the jury whether... | |
 | 1920 - 1070 pages
...4 sacks examined by plaintiff; and as under section 130 of the statute acceptance of the goods did not discharge the seller from liability in damages, or other legal remedy of the plaintiff for the breach, the only question for determination was whether the plaintiff, within... | |
 | New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - 1915 - 794 pages
...quoted section 130 Supreme Court, Appellate Term, May, lltlo. [Vol. 90. of the Sales Law, which reads as follows : "In the absence of express or implied...warranty in the contract to sell or the sale. But if, after acceptance of the goods, the buyer fails to give notice to the seller of the breach of any promise... | |
 | New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - 1918 - 832 pages
...Property Law (Sales Act). Section 130 reads as follows: " Acceptance does not bar action for damages. In the absence of express or implied agreement of...or other legal remedy for breach of any promise or Appellate Term, First Department, March, 1918. [Vol. 102. warranty in the contract to sell or the sale.... | |
 | New York (State). Supreme Court. Appellate Division - 1916 - 1154 pages
...of 1911, chap. 571) has, however, extended the rights of purchasers, and it is there provided that "in the absence of express or implied agreement of...or warranty in the contract to sell or the sale." This places the warranty, whether express or implied, upon the same foundation, but as a condition... | |
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In the absence of express or implied agreement of the parties, acceptance of the goods by the buyer shall not discharge the seller from liability in damages or other legal remedy for breach of any promise or warranty in the contract to sell or the sale. 
