 | Great Britain. Court of Common Pleas, Peregrine Bingham - 1829 - Страниц: 616
...manufactured goods, however low the price, it is an implied term, that the goods should be merchantable. The law, then, resolves itself into this; —that...that it shall be fit for that particular purpose. In the present case the copper was sold for the purpose of sheathing a ship, and was not fit for that... | |
 | Thomas Charles Morton - 1836 - Страниц: 526
...by Heath, J., 4 Taunt. 853. implied rally, he undertakes that the article sold shall be warranty. * fit for some purpose ; if he sells it for a particular...undertakes that it shall be fit for that particular purpose "(m). Therefore, where copper was sold for the purpose of sheathing a ship, and the defendant undertook... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1839 - Страниц: 856
...broad principle. If a man sells an article, he thereby warrants that it is merchantable — that it is fit for some purpose. If he sells it for a particular purpose, he thereby warrants it fit for that purpose." In the previous case of Gray v. Cox (6), there cited, Abbott,... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - 1842 - Страниц: 1050
...; inasmuch as due care will prevent there being EDOINGTON. any latent defect in the latter. [Maule J. In Bluett v. Osborne there was a sale of the specific...being the manufacturer might have some bearing on the case, for manufacturers may be presumed to know of the defects in articles made by them ; but where... | |
 | Samuel Owen - 1845 - Страниц: 434
...С. J. siу s, " If a man sells an article, he thereby warrants that it is merchantable — that it is fit for some purpose. If he sells it for a particular purpose, he thereby warrants it fit for that purpose. If a man sells a horse, generally he warrants no more than... | |
 | John Hill Burton - 1847 - Страниц: 536
...man sells generally, he undertakes that the article sold shall be fit for some purpose : if he sell it for a particular purpose, he undertakes that it shall be fit for that particular purpose."4 To entitle the buyer to resile, the defect must either be one which interferes with the... | |
 | Joseph Chitty - 1851 - Страниц: 786
...them, 4 Campb. 144. So if a person sells an article he thereby warrants that it is merchantable, that is, fit for some purpose. If he sells it for a particular purpose, he thereby warrants it fit for that purpose. — Upon such principles therefore, if a man sells a horse... | |
 | George Ross - 1855 - Страниц: 956
...broad principle. If a man sells an article, he thereby warrants that it is merchantable — that it is fit for some purpose. If he sells it for a particular purpose, he thereby warrants it fit for that purpose." In the previous case of Gray v. CHANTER «. HOPEINS. Michaelmas... | |
 | Illinois. Supreme Court - 1848 - Страниц: 660
...constituted a contract, and amounted to a warranty." And the Court in that case lays down this rule: "If a man sells generally, he undertakes that the...it for a particular purpose, he undertakes that it is fit for that particular purpose." In this case, the defendants were the manufacturers of the copper,... | |
 | Great Britain. Courts - 1864 - Страниц: 992
...there was a sale of the specific bowsprit. It is like the sale of a particular horse.] Jones v. Briglii is an express authority for the plaintiff. There the...being the manufacturer might have some bearing on the case, for manufacturers may be presumed to know of the defects in articles made by them ; but where... | |
| |
The law then resolves itself into this, — that if a man sells generally, he undertakes that the article sold is fit for some purpose ; if he sells it for a particular purpose, he undertakes that it shall be fit for that particular purpose. 
