 From a critical examination of all the cases, it may be safely ruled, that a sample, or description in a sale note, advertisement, bill of parcels, or invoice, is equivalent to an express warranty, that the goods are what they are described or represented...  The Spatula - Page 82edited by - 1918Full view - About this book
 | Jacob D. Wheeler - Common law - 1836 - 624 pages
...may be safely stated, that a sample or description in a sale, not*, advertisement, bill of parcels, or invoice, is equivalent to an express warranty,...are described or represented to be, by the vendor. In the absence of proof to reb«t the presumption, it is of equal efficacy to charge the vendor, as... | |
 | Great Britain. Court of King's Bench, Edward Hyde East - Law reports, digests, etc - 1845 - 658 pages
...it may be safely ruled, that a sample or description in a sale note, advertisement, bill of parcels, or invoice, is equivalent to an express warranty,...are described or represented to be by the vendor. 13*. 6d., to answer in part certain other acceptances of the plaintiff's exclusive of the bill for... | |
 | Nathan Howard (Jr.) - Civil procedure - 1872 - 646 pages
...it may be safely 'ruled that a sample or description in a sold note, advertisement, bill of parcels or invoice, is equivalent to an express warranty that...are described or represented to be by the vendor." In Bradford agt. Manly, (13 Mctss., 1.44), Chief Justice PARKER refers to a case which came before... | |
 | Law - 1883 - 908 pages
...may be safely ruled, that a sample, or description in a sale note, advertisement, bill of parcels, or invoice, is equivalent to an express warranty, that the goods are whut they are described or represented to be by the vendor. In the absence of proof to rebut the presumption,... | |
 | Judah Philip Benjamin - Sales - 1884 - 646 pages
..."It may be safely ruled that a sample or description in a sale-note, advertisement, bill of parcels or invoice, is equivalent to an express warranty that...are described or represented to be by the vendor." In Hogins ». Plympton, 11 Pick. 97, Shaw, CJ, said: " There is no doubt that in a contract of Bale... | |
 | Arthur Biddle - Warranty - 1884 - 346 pages
...that a sample 1 Cro. Jac., 4. * Supra. or description in a sale note, advertisement, bill of parcels, or invoice, is equivalent to an express warranty,...are described or represented to be by the vendor. In the absence of proof to rebut the presumption, it is of equal efficacy to charge the vendor, as... | |
 | Law reports, digests, etc - 1886 - 868 pages
...it may be safely ruled that a sample or description iu a sale note, advertisement, bill of parcels, or invoice, is equivalent to an express warranty that...are described or represented to be by the vendor. In the absence of proof to rebut the presumption, it is of equal efficacy to charge the vendor as if... | |
 | Electronic journals - 1894 - 1120 pages
...It may be safely ruled, that a sample or description in a sale-note, advertisement, bill of parcels, or invoice, is equivalent to an express warranty,...are described, or represented to be by the vendor." 7l WARRANTY. There is no doubt that in a contract of .tale words of description arc held to constitute... | |
 | Frank Alexander Erwin - Sales - 1909 - 728 pages
...it may be safely ruled that a sample or description in a sale note, advertisement, bill of parcels or invoice is equivalent to an express warranty that...are described or represented to be by the vendor." In Bradford v. Manly, 13 Mass. 144, Chief Justice Parker refers to a case which came before him at... | |
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