 In the absence of 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....  The Central Law Journal - Page 3171918Full view - About this book
 | United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 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...such breach, the seller shall not be liable therefor. Plaintiff then argues that no timely notice was given by defendant of a breach of the contract and... | |
 | American Bar Association - Bar associations - 1921 - 1066 pages
...breach of any promise or 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...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,... | |
 | Law reports, digests, etc - 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... | |
 | Law reports, digests, etc - 1915 - 1138 pages
...breach of any promise or 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...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... | |
 | Law reports, digests, etc - 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... | |
 | Law reports, digests, etc - 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... | |
 | Law reports, digests, etc - 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... | |
 | Law reports, digests, etc - 1919 - 1076 pages
...provides that — "If, after acceptance of the goods, the buyer falls to give notice to the seller of any breach of any promise or warranty within a reasonable...breach, the seller shall not be liable therefor/' [1, 2] The first conversation between the parties took place 10 days after the goods were received... | |
 | New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - Law reports, digests, etc - 1918 - 832 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 question is whether the giving of notice of the alleged defective quality of the sandals twenty-three... | |
 | New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1916 - 1154 pages
...provision of section 130 of the Personal Property Law, that if after the acceptance of goods a buyer fails to give notice to the seller of the breach of any promise or warranty within a reasonable time the seller shall not be liable therefor, is a condition precedent and must be pleaded. Hence, a counterclaim... | |
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