 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 New Law Reports - Page 881924Full view - About this book
 | Law - 1919 - 740 pages
...description . . . there is an implied condition that the goods shall be of merchantable quality; provided that if the buyer has examined the goods, there shall...defects which such examination ought to have revealed." First, were the goods ' bought by description? In Varley v. Whipp, [1900] 1 QB 513, the headnote said:... | |
 | Walter Charles Alan Ker - Commercial law - 1894 - 436 pages
...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...defects which such examination ought to have revealed. (3.) An implied warranty or condition as to quality or fitness for a particular purpose may be annexed... | |
 | Frank Newbolt - Sales - 1894 - 204 pages
...p. 109. 5 12 App. Ca. 284, 293 ; 56 LJQB 563 ; 57 LT 1 ; 36 "WR 20. [1887.] 6 12 App. Ca. at p. 288. buyer has examined the goods, there shall be no implied...defects which such examination ought to have revealed : As to "opportunity of examining," see section 15 (2) b.; description, section 13. If the opportunity... | |
 | Joshua Williams, Thomas Cyprian Williams - Conveyancing - 1894 - 720 pages
...goods shall be of merchantable quality : provided that if the buyer lias examined the goods, tliere shall be no implied condition as regards defects which such examination ought to have revealed : («) Sec Benjnmin on Sale, 498, IV. Pt. II. Sect. III. pp. 525 et 525, 2nded.; 608, 637, 4th ed.;... | |
 | Richard Brown - Sales - 1895 - 448 pages
...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...defects which such examination ought to have revealed: (3.) An implied warranty or condition as to quality or fitness for a particular purpose may be annexed... | |
 | Joseph Chitty - Contracts - 1896 - 906 pages
...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...defects which such examination ought to have revealed : (8) An implied warranty or condition as to quality or fitness for a particular purpose may be annexed... | |
 | Edward Bullen, Thomas Joseph Bullen - Forms (Law) - 1897 - 1210 pages
...manufacturer or not), there is an implied condition that the goods shall be of merchantable quality ; provided ) `M) " (3.) An implied warranty or condition as to quality or fitness for a particular purpose may be annexed... | |
 | Frederick Hooper - Business - 1899 - 300 pages
...or not), there is an implied undertaking that the goods shall be of merchantable quality ; provided that, if the buyer has examined the goods, there shall...defects which such examination ought to have revealed. Sate bt/ Sample. In the case of a contract for sale by sample there is an implied undertaking (1) that... | |
 | Northwest Territories - Law - 1899 - 940 pages
...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...defects which such examination ought to have revealed ; 3. An implied warranty or condition as to quality or fitness for a particular purpose may be annexed... | |
 | Sir Mackenzie Dalzell Edwin Stewart Chalmers - Commission merchants - 1899 - 264 pages
...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...defects which such examination ought to have revealed : 2 (3.) An implied warranty or condition as to quality or fitness for a particular purpose may be... | |
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