 | William Blake Odgers, Walter Blake Odgers - Common law - 1911 - 962 pages
...the goods shall be reasonably fit for such purpose, 5 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 for any particular purpose; (2.) Where goods are bought by description... | |
 | John Mews - Law reports, digests, etc - 1911 - 806 pages
...1893, and that the defendants could not rely on the proviso which excepts " the case of a contract for sale of a specified article under its patent or other trade name." Held, also (per COZENSHAKDY, MR, and FARWELL, LJ), that the defendants had also committed a breach... | |
 | James Sands Henderson - Law reports, digests, etc - 1911 - 544 pages
...1893, and that the defendants could not rely on the proviso which excepts " the case of a contract for sale of a specified article under its patent or other trade name." Held, abo (per Cozens-Hardy, MR, and Farwell, LJ), that the defendants had also committed a breach... | |
 | Louis Arthur Goodeve - Personal property - 1912 - 576 pages
...condition that the goods shall be reasonably fit for that purpose (&); but if the contract is for the sale of a specified article under its patent or other trade name, there is no implied condition as to its fitness for any particular purpose (c). The (y) Ante, p. 49. (;) Varlfij v. Whipp,... | |
 | Duncan Mackenzie Kerly - Business names - 1913 - 1222 pages
...an article under the descriptive name by which it ia known in the trade is not a " contract for the sale of a specified article under its patent or other trade name " within the proviso of that section, Gillespic v. Cheney, Eggar A Co., [1896] 2 QB 59. On the sale... | |
 | Francis Marion Burdick - Sales - 1913 - 476 pages
...its known name, patented or otherwise." 4 There is authority for the proposition that even on the " sale of a specified article under its patent or other trade name," the seller does engage that it has some fitness for the purposes for which it is manufactured and sold;... | |
 | Eugene Allen Gilmore, William Charles Wermuth - Law - 1917 - 924 pages
...manufacturer or dealer, is liable for latent defects in the goods. The statement of the Sales Act is : "If the buyer has examined the goods, there is no implied...defects which such examination ought to have revealed." It is to be noticed that this statement speaks only of examination, and not of reasonable opportunity... | |
 | Alberta. Supreme Court - Law reports, digests, etc - 1914 - 592 pages
...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 for any particular purpose: "2. Where goods are bought by description from... | |
 | Law reports, digests, etc - 1914 - 1076 pages
...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 for any 3 BRC particular purpose." In cases to which this provision applies,... | |
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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 for any particular purpose; 2. 
