| 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,... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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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