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" ... judgment, he cannot afterwards hold the vendor responsible on the ground that the article turns out to be unfit for the purpose for which it was required ; but if he relies upon the judgment of the seller, and informs him of the use to which the article... "
Reports of Cases in the Supreme Court of Appeals of Virginia - Page 524
by Virginia. Supreme Court of Appeals - 1880
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Cases Argued and Determined in the Court of Common Pleas: With ..., Volume 3

Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - 1841 - 1068 pages
...judgment of the seller, and informs hivn of the use to which the article is to be applied, it seems to me the transaction carries with it an implied warranty...be fit and proper for the purpose for which it was designed." In Gray v. Cox (a], Abbott CJ stated that he was strongly inclined to the opinion, that...
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Cases Argued and Determined in the Court of Common Pleas: With ..., Volume 2

Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - 1842 - 1050 pages
...judgment of the seller, and informs him of the use to which the article is to be applied, it seems to me the transaction carries with it an implied warranty,...be fit and proper for the purpose for which it was designed. In the present case the facts are free from all doubt. The plaintiff sends to the defendant's...
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The Law Magazine, Or, Quarterly Review of Jurisprudence

1843 - 534 pages
...him of the use to which the article is to be applied, it seemed to him that the transaction carried with it an implied warranty that the thing furnished...be fit and proper for the purpose for which it was designed. Again, the custom of a particular trade may establish an implied warranty between parties...
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Chitty's Treatise on Pleading and Parties to Actions ..., Book 383, Volume 2

Joseph Chitty - 1844 - 808 pages
...ground that the article turns out to be unfit for the purpose for which it was required ; but if he relies upon the judgment of the seller, and informs...be fit and proper for the purpose for which it was designed; Broun v. Kdgingtou, 2 M. & Gr. 279; Gray v. Coi. 4 В. & С. 108; 6 D. & R. 200; l С. &...
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Reports of Cases Argued and Determined in the Court of Queen's ..., Part 20

Great Britain. Court of King's Bench, Henry Davison, Herman Merivale - 1844 - 854 pages
...applied, it seems to me that the transaction carries with it an implied warranty that the thing purchased shall be fit and proper for the purpose for which it was designed :" Shepherd v. Pybus (c), Jones v. Bright (d). It is not precisely the case of a warranty,...
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An Abridgment of the Law of Nisi Prius ...

William Selwyn - 1845 - 802 pages
...ground that the article turns out to be unfit for the purpose for which it was required ; but if he relies upon the judgment of the seller, and informs...be fit and proper for the purpose for which it was designed (p). Some pockets of hops were sold by sample, with a warranty that the bulk of the commodity...
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The Law of Contracts: In a Course of Lectures Delivered at the Law Institution

John William Smith - 1847 - 438 pages
...ground that the article turns out to be unfit for the purpose for which it was required ; but if he relies upon the judgment of the seller, and informs...be fit and proper for the purpose for which it was designed : as, for instance, where A., a wine merchant, ordered a crane rope of B., a dealer in, and...
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The Law of Contracts: A Course of Lectures

John William Smith - 1853 - 488 pages
...ground that the article turns out to be unfit for the purpose for which it was required ; but if he relies upon the judgment of the seller, and informs...be fit and proper for the purpose for which it was designed : as, for instance, where A., a wine merchant, ordered a erane rope of B., a dealer in, and...
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The Law of the Contract of Sale

Solomon Atkinson - 1853 - 562 pages
...judgment of the seller, and informs him of the use to which the article is to be applied, it seems to me the transaction carries with it an implied warranty...be fit and proper for the purpose for which it was designed." And see Jones v. Briglit, fi Bing. 533. In (Jhanter v. Hapldns, (4 M. & W. 399), Parlte,...
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The Journal of Jurisprudence, Volume 1

1857 - 754 pages
...judgment of the seller, and informs him of the use to which the article is to be applied, it seems to me the transaction carries with it an implied warranty,...proper for the purpose for which it was designed." It would seem, therefore, that in order to establish this warranty, the thing must be specially ordered...
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