 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1913 - 996 pages
...the authorities on the subject unusually conflicting. In Blackstone's Commentaries it is said that in contracts for provisions it is always implied that they are wholesome, and that if they be not, an action for deceit lies against the vendor. (3 Blackstone 166.) In Chitty on... | |
 | Massachusetts, William Charles White - Law - 1811 - 174 pages
...transaction is fair and honest. In contracts likewise for sales, it is constantly underi'H'L stood, that the seller undertakes that the commodity he sells is his own ; and if it proves otherwise, an action on the case lies against him, to exact damages for this deceit.(5)... | |
 | William Flint - Horses - 1815 - 158 pages
...attendant on the sale of Horses, and may be either expressed or implied. In contracts for sales, it is understood that the seller undertakes that the commodity he sells is his own, and if it prove otherwise, an action on the case lies against him for this deceit. And even if -a servant... | |
 | George Long - Sales - 1821 - 294 pages
...otherwise, an action on the case in the nature of deceit lies against him, to exact damages for this deceit. In contracts for provisions, it is always implied that they are wholesome ; and if they be not, the same remedy may be had. Also, if he that sells any thing warrants that it shall... | |
 | Sir William BLACKSTONE, Vincent WANOSTROCHT - Constitutional law - 1823 - 872 pages
...damages, upon the contract which the law always implies, that every transaction is fair and honest. In contracts for provisions it is always implied that they are wholesome ; and, if they be not, the same remedy may be had. Also, if he that selleth any thing doth upon the sale warrant... | |
 | sir William Blackstone - 1825 - 568 pages
...the law always implies, that every transaction is fair and honest a. In contracts likewise for sales, it is constantly understood that the seller undertakes that the commodity he sells is his own; and if it proves otherwise, an action on the case lies against him, to exact damages for this deceit. In... | |
 | Alexander Whellier - 1825 - 836 pages
...the law always implies, that every transaction is fair and honest.. lu contracts likewise for sales, it is constantly understood that the seller undertakes that the commodity he sells is his own ; and if it prove otherwise, an action on the case lies against him, to exact damages for this deceit. In... | |
 | Maryland. Court of Appeals, Thomas Harris, Richard Wordsworth Gill - Law reports, digests, etc - 1829 - 584 pages
...an action on the case, in the nature of deceit, lies against him to exact damages for this deceit. In contracts for provisions, it is always implied that they are wholesome, and if they be not, the same remedy may be had." Yet in either of those cases the seller is liable, though... | |
 | Joseph Chitty - Contracts - 1834 - 850 pages
...deficient, without any express warranty for that purpose :" — and again (p), " In contracts for sales it is constantly understood, that the seller undertakes that the commodity he sells is his own ; and if it prove otherwise an action on the case lies against him to recover damages for this deceit.™... | |
 | Thomas Charles Morton - Vendors and purchasers - 1836 - 526 pages
...deficient, without any express warranty for that purpose." And in 3 Com. 166 : — " In contracts for sales, it is constantly understood that the seller undertakes that the commodity he sells is his own ; and if it proves otherwise, an action on the case lies against him to recover damages for this deceit."... | |
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In contracts likewise for sales, it is constantly understood that the seller undertakes that the commodity he sells is his own ; and if it proves otherwise, an action on the case lies against him, to exact damages for this deceit. 
