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" ... 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 article under its patent or other trade name, there is no implied condition as to its fitness... "
Ruling Case Law: As Developed and Established by the Decisions and ... - Page 183
edited by - 1919
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Acts of the Parliament of South Australia

South Australia - Law - 1896 - 230 pages
...purpose : Ji. Where goods are bought by description from a seller who deals in goods of that description (whether he be the manufacturer or not), there is an implied condition that the goods shall be of merchantable quality : Provided that if the Sale by description. Ib., sec. 13. PART i. The Sale...
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Journal of the Institute of Bankers, Volume 12

Institute of Bankers (Great Britain) - Banks and banking - 1891 - 840 pages
...seller's business to supply (whether he be the manufacturer or not), there is an implied [undertaking] that the goods shall be reasonably fit for such purpose [provided that in the case of a contract for the sale of an article of a well-known ascertained kind, there is no implied...
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The New Zealand Law Reports, Volume 35

Courts - 1916 - 1326 pages
...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 quality : Provided that, " if the buyer has examined the goods, there shall be no implied...
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The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1

James Mackintosh - Sales - 1892 - 300 pages
...seller's business to supply (whether he be the manufacturer or not), there is an implied undertaking that the goods shall be reasonably fit for such purpose, provided that in the case of a contract for the sale of a specified article under its patent or other trade name, there...
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The Sale of Goods Act, 1893: With Notes

Frank Newbolt - Sales - 1894 - 204 pages
...cit.6 (2.) Where goods are bought by description from a seller who deals in goods of that description (whether he be the manufacturer or not), there is an implied condition that the goods shall be of merchantable quality ; provided that if the 1 2 M. & G. 279 ; 2 Scott, NR 496 ; 1 Drink. 106. [1841.]...
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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
...purpose. (2.) Where goods are bought by description from a seller who deals in goods of that description (whether he be the manufacturer or not), there is an implied condition that the goods shall be of merchantable quality : Provided that if the buyer has examined the goods, there shall be no implied...
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Principles of the Law of Personal Property: Intended for the Use of Students ...

Joshua Williams, Thomas Cyprian Williams - Conveyancing - 1894 - 720 pages
...purpose : (2.) Where goods are bought by description from a seller who deals in goods of that description (whether he be the manufacturer or not), there is an implied condition that the goods shall be of merchantable quality : provided that if the buyer lias examined the goods, tliere shall be no implied...
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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
...description (!:) from a seller who deals in goods of that description w (whether he be the manufacturer w or not), there is an implied condition that the goods shall be of merchantable quality; provided that if the buyer has examined (° the goods, there shall be no implied...
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A Treatise on the Law of Contracts

Joseph Chitty - Contracts - 1896 - 906 pages
...purpose : (2) Where goods are bought by description from a seller who deals in goods of that description (whether he be the manufacturer or not), there is an implied condition that the goods shall be of merchantable quality (q) ; provided that if the buyer has examined the goods, there shall be no...
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Bullen and Leake's Precedents of Pleadings: With Notes and Rules Relating to ...

Edward Bullen, Thomas Joseph Bullen - Forms (Law) - 1897 - 1210 pages
...purpose. "(2.) Where goods are bought by description from a seller who deals in goods of that description (whether he be the manufacturer or not), there is an implied condition that the goods shall be of merchantable quality ; provided that if the buyer has examined the goods, there shall be no implied...
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