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" ... 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. But, if, after... "
Cases and Materials on Government Contracts - Page 27
by United States. Department of the Army - 1962 - 567 pages
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Cases Decided in the United States Court of Claims ... with ..., Volume 145

United States. Court of Claims, Audrey Bernhardt - 1959 - 820 pages
...warranty in the contract to sell or the sale. But, if j after acceptance of the goods, the buyer fails to give notice to the seller of the breach of any...recover or counterclaim for damages on account thereof. Many cases are cited by plaintiff in support of this contention, and while we do not dispute the correctness...
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The Northwestern Reporter, Volume 186

1922 - 1138 pages
...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...breach, the seller shall not be liable therefor." "Where there is a breach of warranty by the seller, the buyer may, at his election: "(a) Accept or...
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Report of the ... Annual Meeting of the American Bar Association, Volume 46

American Bar Association - 1921 - 1066 pages
...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...know of such breach, the seller shall not be liable therrfor. SEC. 37. — [Buyer is Not Bound to Return Goods Wrongly Delivered.] Unless otherwise agreed,...
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The Federal Reporter, Volume 281

1880 - 1092 pages
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The Federal Reporter

1950 - 1198 pages
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Atlantic Reporter, Volume 92

1915 - 1138 pages
...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...such breach, the seller shall not be liable therefor (PL 1907, p. 329)." In both these sections we have to consider the question of reasonable time as applied...
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Atlantic Reporter, Volume 98

1917 - 1184 pages
...§ 70, that: "If, after acceptance of the goods, the buyer fail to give notice to the seller of tbe breach of any promise or warranty within a reasonable...breach, the seller shall not be liable therefor." This provision is not available to the defendants, because the proof is that the truck was repeateuly...
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The New York Supplement, Volume 140

1913 - 1288 pages
...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...breach, the seller shall not be liable therefor." The contention is narrowed down to the last sentence of the section. Defendant contends that this is...
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The New York Supplement, Volume 168

1918 - 1258 pages
...known as the Sales of Goods Act) provided that: '•If. after acceptance of the goods, the buyer fails to give notice to the seller of the breach of any...ought to know, of such breach, the seller shall not bo liable therefor." Section 129, defining what constitutes acceptance, says: "The buyer is deemed...
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