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" ... (b) Accept or keep the goods and maintain an action against the seller for damages for the breach of warranty... "
Bailments, Carriers and Sales: With Questions, Problems and Forms and Text ... - Page 162
by Alfred William Bays - 1920 - 214 pages
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Acts of the Parliament of South Australia

South Australia - Law - 1896 - 230 pages
...Set up against the seller the breach of warranty in diminution or extinction of the price ; or (6) Maintain an action against the seller for damages for the breach of warranty : (2) The measure of damages for breach of warranty is the estimated loss directly and naturally resulting,...
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Report of the ... Annual Meeting of the American Bar Association, Volume 46

American Bar Association - Bar associations - 1921 - 1066 pages
...or keep the goods and maintain an action against the seller for damages for the hreach of warranty. (c) Refuse to accept the goods, if the property therein...maintain an action against the seller for damages for the hreach of warranty. (d) Rescind the contract to sell or the sale and refuse to receive the goods, or...
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Report of the ... Annual Meeting of the American Bar Association, Volume 30

American Bar Association - Law - 1906 - 474 pages
...warranty by way of recoupment in diminution or extinction of the price. (6.) Accept or keep the goods and maintain an action against the seller for damages for the breach of warranty. (c.) Refuse to accept the goods, if the property therein has not passed, and maintain an action against...
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Journal of the Institute of Bankers, Volume 12

Institute of Bankers (Great Britain) - Banks and banking - 1891 - 840 pages
...set up against the seller the breach of warranty in diminution or extinction of the price ; or (i.) maintain an action against the seller for damages for the breach of warranty. (3.) The measure of damages for breach of warranty of quality, fitness, or condition is the estimated...
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The New York Supplement, Volume 178

Law reports, digests, etc - 1920 - 1070 pages
...said section provides : "Where there Is a breach of warranty by the seller, the buyer mny » » » rescind the contract to sell or the sale and refuse to receive the goods, rr, Jf the goods have already been received, return them or offer to return them to the seller and...
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The New York Supplement, Volume 153

Law reports, digests, etc - 1915 - 1294 pages
...warranty by way of recoupment lu diminution or extinction of the price ; (b) accept or keep the Roods and maintain an action against the seller for damages for the breach of warranty. * • * " Section 82 of said act defines contracts to sell and sales as follows : "1. A contract to...
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Pump Court: The Temple Newspaper and Review, Volume 9

1889 - 202 pages
...set up against the teller the breach of warranty in diminution or extinction of the price ; or (b.) maintain an action against the seller for damages for the breach of warranty. (3.) The measure of damages for breach of warranty of quality, ifitness, or condition is jtriina facie...
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The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1

Sales - 1892 - 312 pages
...Set up against the seller the breach of warranty in diminution or extinction of the price ; or (5.) Maintain an action against the seller for damages for the breach of warranty. (3.) The measure of damages for breach of warranty of quality or fitness is the estimated loss directly...
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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
...set up against the seller the breach of warranty in diminution or extinction of the price ; or (b) maintain an action against the seller for damages for the breach of warranty. S. 53 (1). Warranty (except as regards Scotland) is defined in s. 62 (1), to be "an agreement with...
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The Sale of Goods Act, 1893: With Notes

Frank Newbolt - Sales - 1894 - 204 pages
...set up against the seller the breach of warranty in diminution or extinction of the price ; or (6.) maintain an action against the seller for damages for the breach of warranty. If the property in the goods has passed to the buyer, and the warranty is collateral to the express...
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