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" If the seller is a dealer in goods of that kind, there is an implied warranty that the goods shall be free from any defect rendering them unmerchantable which would not be apparent on reasonable examination of the sample. "
Report of the ... Annual Meeting of the American Bar Association - Page 318
by American Bar Association - 1921
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Acts of the Parliament of South Australia

South Australia - Law - 1896 - 230 pages
...opportunity of comparing the bulk with the sample : (c) There is an implied condition that the goods shall be free from any defect, rendering them unmerchantable,...apparent on reasonable examination of the sample. PART II. PAHT „. EFFECTS OF THE CONTRACT. Transfer of Property as between Seller and Buyer. 16. Where...
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The Albany Law Journal: A Monthly Record of the Law and the ..., Volumes 53-54

Law - 1896 - 866 pages
...(c) in case of a contract for sale by sample there is an implied condition that the goods shall be free from any defect rendering them unmerchantable...apparent on reasonable examination of the sample. The difficulty, if any, of applying the latter of these sections lies in the concluding words. What...
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Journal of the Institute of Bankers, Volume 12

Institute of Bankers (Great Britain) - Banks and banking - 1891 - 840 pages
...comparing the bulk with the sample. (<-.) There is an implied [undertaking] that the goods shall be free from any defect, rendering them unmerchantable, which would not be apparent on inspection of the sample. PART II. EFFECTS OP THE CONTRACT. Transfer of Property at between Seller...
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Pump Court: The Temple Newspaper and Review, Volume 8

1888 - 432 pages
...of comparing the bulk with the sample. ('•.) There is an implied warranty that the goods shall be free from any defect, rendering them unmerchantable, which would not be apparent on inspection of the sample. PART II.— EFFECTS OF THE CONTRACT. Transfer of Property at between Seller...
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The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1

Sales - 1892 - 312 pages
...of comparing the bulk with the sample, (c.) There is an implied undertaking that the goods shall be free from any defect, rendering them unmerchantable,...apparent on reasonable examination of the sample. PART II. EFFECTS OF THR CONTRACT. Transfer of Property as between Seller and Buyer. XVIII. Goods must...
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Commercial Law: An Elementary Text-book for Commercial Classes

Joseph Edwin Crawford Munro - Commercial law - 1893 - 258 pages
...inspect the bulk, he should make his request at a proper and convenient time. (d) That the goods shall be free from any defect rendering them unmerchantable, which would not be apparent on a reasonable examination of the sample. At one time it was maintained that, upon a sale of goods by...
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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
...opportunity of comparing the bulk with the sample : (c) There is an implied condition that the goods shall be free from any defect, rendering them unmerchantable,...apparent on reasonable examination of the sample. Bulk shall correspond with sample. — Sub-s. (2) (a) must be s. 15 (2) (a). read subject to s. 13,...
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The Sale of Goods Act, 1893: With Notes

Frank Newbolt - Sales - 1894 - 204 pages
...Salem). [1867.] 5 4 M. & G. 819 ; 12 LJCP 9 ; Car. & M. 424 ; 5 Scott, NR 721 6 Jur. 1016. [1842.] dering them unmerchantable, which would not be apparent on reasonable examination of the sample. In the old case of Parkinson v. Lee1 (now no longer law, as mentioned below), the judges held that...
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Notes and Commentaries on the Sale of Goods Act 1893 (56 & 57 Vict. Ch. 71 ...

Richard Brown - Sales - 1895 - 448 pages
...however, it is provided without qualification that where the sale is by sample the goods shall be " free from any defect rendering them unmerchantable...apparent on reasonable examination of the sample." In the case of specific goods this appears to alter the previous law both of England and Scotland....
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Reports of Cases Heard and Determined in the Appellate Division ..., Volume 171

New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1916 - 1154 pages
...in the kind of goods being sold, there was, of course, an implied warranty that the goods should be free from any defect rendering them unmerchantable...apparent on reasonable examination of the sample. (Pers. Prop. Law [Consol. Laws, chap. 41; Laws of 1909, chap. 45], § 97, as added by Laws of 1911,...
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