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" Where the goods are bought by description from a seller who deals in goods of that description, whether he be the grower or manufacturer or not, there is an implied warranty that the goods shall be of merchantable quality. "
The Sale of Goods Act, 1893: Including the Factors Acts, 1889 & 1890 - Page 32
by Sir Mackenzie Dalzell Edwin Stewart Chalmers - 1899 - 220 pages
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Acts of the Parliament of South Australia

South Australia - Law - 1896 - 230 pages
...judgment, and the goods are of a description which it is in the course of the seller's business to supply (whether he be the manufacturer or not), there is an implied condition that the goods shall be reasonably fit for such purpose : Provided that in the case of a contract for the sale of a specified...
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Report of the ... Annual Meeting of the American Bar Association, Volume 30

American Bar Association - Law - 1906 - 474 pages
...there is an implied warranty that the goods shall be reasonably fit for such purpose. « (2.) Where the goods are bought by description from a seller who...deals in goods of that description (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be of merchantable...
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Journal of the Institute of Bankers, Volume 12

Institute of Bankers (Great Britain) - Banks and banking - 1891 - 840 pages
...no implied undertaking as to its fitness for any particular purpose]. (3.) Where goods are ordered by description from a seller who deals in goods of...description (whether he be the manufacturer or not) and the buyer has no opportunity of examining the goods, there is an implied [undertaking] that the...
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Report of the ... Annual Meeting of the American Bar Association, Volume 46

American Bar Association - Bar associations - 1921 - 1066 pages
...warranty that the goods shall he reasonahly fit for such purpose. (2) Where the goods are hought hy description from a seller who deals in goods of that description (whether he he the grower or manufacturer or not), there is an implied warranty that the goods shall he of merchantahle...
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The New Zealand Law Reports, Volume 35

Courts - 1916 - 1326 pages
...against the weight of evidence. Issue No. 9 was framed under s. 16 (6) of the Sale of Goods Act, 1908 : " Where goods are bought by description from a " seller...who deals in goods of that description (whether he is " the manufacturer or not) there is an implied condition that " the goods shall be of merchantable...
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Pump Court: The Temple Newspaper and Review, Volume 8

1888 - 432 pages
...implied warranty that the goods shall be reasonably fit for such purpose. (3.) Where goods are ordered by description from a seller who deals in goods of...description (whether he be the manufacturer or not), and the buyer lias no opportunity of examining the goods, there is an implied warranty that the goods...
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The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1

James Mackintosh - Sales - 1892 - 300 pages
...other trade name, there is no implied undertaking as to its fitness for any particular purpose. (3.) Where goods are bought by description from a seller...description (whether he be the manufacturer or not) and the buyer has no opportunity of examining the goods, there is an implied undertaking that the goods...
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Commercial Law: An Elementary Text-book for Commercial Classes

Joseph Edwin Crawford Munro - Commercial law - 1893 - 258 pages
...Madras in March and April is not fulfilled by shipping rice in February. 2. Where goods are ordered by description from a seller who deals in goods of that description, and the buyer has no opportunity of examining the goods, there is an implied warranty that the goods...
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A Commentary on the Sale of Goods Act, 1893: With Illustrative Cases and ...

Walter Charles Alan Ker - Commercial law - 1894 - 436 pages
...judgment, and the goods are of a description which it is in the course of the seller's business to supply (whether he be the manufacturer or not), there is an implied condition that the goods shall be reasonably fit for such purpose, provided that in the case of a contract for the sale of a specified...
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The Sale of Goods Act, 1893: With Notes

Frank Newbolt - Sales - 1894 - 204 pages
...10 WU 346. See below, sub-s. 1. [1862.] which it is in the course of the seller's business to supply (whether he be the manufacturer or not), there is an implied condition that the goods shall be reasonably fit for such purpose, provided that in the case of a contract for the sale of a specified...
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