 A decisive test is whether the vendor assumes to assert a fact of which the buyer is ignorant, or merely states an opinion or judgment upon a matter of which the vendor has no special knowledge, and on which the buyer may be expected also to have an opinion,...  Lawyers' Reports Annotated - Page 2131889Full view - About this book
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1922 - 836 pages
...Sales and other authorities should be applied in thi& case : " 'The decisive) test has been said to be whether the vendor assumes to assert a fact of which...has no special knowledge and on which the buyer may be expected also to have an opinion and to exercise his judgment. In the former case, there is a warranty,... | |
 | Judah Philip Benjamin - Sales - 1868 - 748 pages
...determining whether it was so intended, a decisive test is whether the vendor assumes to assert &fact of which the buyer is ignorant, or merely states an...has no special knowledge, and on which the buyer may be expected also to have an opinion, and to exercise his judgment. In the former case there is a warranty,... | |
 | California - Civil law - 1872 - 728 pages
...411; Story on Sales, Sec. 357. In determining whether the affirmation was intended as a warranty, " a decisive test is whether the vendor assumes to assert...has no special knowledge, and on which the buyer may be expected also to have an opinion and to exercise his judgment. In tho former case there is a warranty,... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1877 - 882 pages
...determination of this question, Mr. Benjamin, in his , admirable Treatise on Sales, page 499, says : "A decisive test is whether \ the vendor assumes to...has no special knowledge, and on which the buyer may be expected also to have an opinion, and to exercise his judgment. In the former case there is a warranty... | |
 | Judah Philip Benjamin - Sales - 1877 - 984 pages
...emptor does not apply to P. 198; Hopkins v. Hitchcock, 14 CB termining whether it was so intended, a decisive test is whether the vendor assumes to assert a fact of which the buyer Te9tfor is ignorant, or merely states an opinion or judgment ^eceit'J1i"rg upon a matter of which the... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1879 - 912 pages
...SCHOLFIELD, J. [After stating the facts.] In determining whether there was in fact a warranty, the decisive test is, whether the vendor assumes to assert...has no special knowledge, and on which the buyer may be expected, also, to have au opinion and to exercise his judgment. In the former case, there is a... | |
 | Judah Philip Benjamin - Les Salles-sur-Verdon (France) - 1881 - 1076 pages
...is whether Test for the vendor assumes to assert a fact of which the buyer deciding _ . _ . whether is ignorant, or merely states an opinion or judgment...has no special knowledge, and on which the buyer may be expected also to (A) 1 Lord Raymond, 593 ; Salk. 220. Buck, 3 Vt. 53 ; Hawkins v. Berry, 5 Giltatiou... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - Law reports, digests, etc - 1884 - 800 pages
...of this instruction is used. It is there said that, in determining whether a warranty were intended, "a decisive test is, whether the vendor assumes to...no. special knowledge, and on which the buyer may be expected also to have an opinion, and to exercise his judgment In the former case, there is a warranty... | |
 | Law reports, digests, etc - 1884 - 1002 pages
...whether a warranty were intended, "a decisive test is whether the vendor assumes to assert я fart of which the buyer is ignorant, or merely states an...has no special knowledge, and on which the buyer may be expected also to have an opinion and to exercise his judgment. In the former case there is a warranty;... | |
 | Judah Philip Benjamin - Sales - 1884 - 646 pages
...PERFORMANCE OF THE CONTRACT. [BOOK IV. 1ОГ QÔwarrant* whether the vendor assumes to assert a fací of which the buyer is ignorant, or merely states an...has no special knowledge, and on which the buyer may be expected also to have an opinion, ¡ind to exercise his judgment. In the former case there is a... | |
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