 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 Weekly Notes - Page 501919Full view - About this book
 | Lord Thomas Mackenzie Mackenzie - Comparative law - 1911 - 530 pages
...from a seller who deals in goods of that description (whether he be the manufacturer or not), there ia an implied condition that the goods shall be of merchantable...defects which such examination ought to have revealed. (3) An implied warranty or condition as to qualisy or fitness for a particular purpose may be annexed... | |
 | Northwest Territories - Law - 1911 - 728 pages
...description (whether he be the manu- | facturer or not) there is an implied condition that the goods I shall be of merchantable quality: Provided that if...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... | |
 | Alberta. Supreme Court - Law reports, digests, etc - 1914 - 592 pages
...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...defects which such examination ought to have revealed." The evidence indicates that the cheese in question was ordered from the plaintiffs either by letter... | |
 | Northwest Territories - Law - 1915 - 824 pages
...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...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... | |
 | Edward Bullen, Stephen Martin Leake, William Blake Odgers - Forms (Law) - 1915 - 1108 pages
...the contract that they shall be of merchantable quality, that is merchantable under that description, provided that, if the buyer has examined the goods,...defects which such examination ought to have revealed (s. 14 (2); Wren v. Holt, [1903] 1 KB 610, 615, 616; 72 LJKB 340). If the goods do not answer the description... | |
 | Prince Edward Island - Session laws - 1918 - 734 pages
...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...defects which such examination ought to have revealed; (c) An implied warranty or condition as to quality or fitness for a particular purpose may be annexed... | |
 | Newfoundland - Law - 1919 - 800 pages
...from a seller who deals in goods of that description (whether he lie the manufacturer or not), theie is an implied condition that the goods shall be of...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 - Agency (Law) - 1920 - 272 pages
...manufacturer or not), there is an implied condition that the goods shall be of merchantable quality (a) ; Provided that if the buyer has examined the goods,...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... | |
 | Thomas Moffitt Stevens, Herbert Jacobs - Commercial law - 1920 - 780 pages
...s. 12 (11. (<•) Ibid., e. 13. (/) (1864), 10 Exch. 191. (g) Varley v. Whipp, [1900] 1 QB 513. K2 that if the buyer has examined the goods, there shall...defects which such examination ought to have revealed (h). The buyer is not bound to incur any expense in order to make the goods merchantable (i). (c) Goods... | |
 | Judah Philip Benjamin - Les Salles-sur-Verdon (France) - 1920 - 1270 pages
...295. (u) At 296—297. (x) This ia, no doubt, the meaning of the provision in section 14 (2) that " there shall be no implied condition as regards defects which such examination ought to have revealed." PERFORMANCE OF THE CONTRACT. [BK. IV. PT. I. Code, s. 14 (3) Condition or warranty implied from usage.... | |
| |
