| Conway Robinson - Actions and defenses - 1855 - 884 pages
...bargain and sell in the manner before mentioned does not create any further obligation in this respect. But the bargain and sale of a chattel, as being of...contract that the article sold is of that description. Budge v. Wain, 1 Stark. NPC 504; 2 Eng. Com. Law Rep. 486 ; Shepherd v. Kain, 5 Barn. & Aid. 240 ;... | |
| Judah Philip Benjamin - Sales - 1868 - 748 pages
...defendant has full power to bargain and sell, • does not create any further obligation in this respect. But the bargain and sale of a chattel, as being of a particular description, does imply a contract iliat the article sold is of that description; for which the cases of Bridge r. Wain, 1 and Shepherd... | |
| Thomas William Saunders - Sales - 1874 - 238 pages
...bargain and sell in the manner before mentioned, does not create any further obligation in this respect. But the bargain and sale of a chattel as being of...description does imply a contract that the article is of that description." The rule in this class of cases is very clearly stated by COCKBURN, CJ, in... | |
| Judah Philip Benjamin - Sales - 1877 - 984 pages
...defendant has full power to bargain and sell, does not create any further obligation in this respect. But the bargain and sale of a chattel, as being of...contract that the article sold is of that description ; (t) for which the cases of Bridge v. Wain (M) and Shepherd v. Kain, (z) and other cases, are authorities... | |
| Judah Philip Benjamin - Les Salles-sur-Verdon (France) - 1881 - 1076 pages
...defendant has full power to bargain and sell does not create any further obligation in this respect. But the bargain and sale of a chattel, as being of...contract that the article sold is of that description ; (t) for which the cases of Bridge v. Wain (M) and Shepherd v, Kain, (a;) and other cases, are authorities... | |
| Judah Philip Benjamin - Sales - 1884 - 646 pages
...defendant has full power to bargain and sell, does not create any further obligation in this respect. But the bargain and sale of a chattel, as being of...contract that the article sold is of that description ; for which the cases of Bridge ». Wain, (г) and Shepherd v. Kain, (a) and other cases, are authorities... | |
| Arthur Biddle - Warranty - 1884 - 346 pages
...therefore, does not imply a contract that it is then seaworthy or in a serviceable condition. . . . But the bargain and sale of a chattel, as being of...contract that the article sold is of that description, and, therefore, the sale in this case of a ship implies a condition that the subject of the transfer... | |
| John Innes Clark Hare - Contracts - 1887 - 748 pages
...in delivering judgment, that no warranty is implied in the bargain and sale of an existing chattel, but the bargain and sale of a chattel as being of...contract that the article sold is of that description. Hence the sale of a ship implies a contract that the subject exists in the character of a ship, which... | |
| Judah Philip Benjamin - Sales - 1888 - 1034 pages
...defendant has full power to bargain and sell, does not create any further obligation in this respect. But the bargain and sale of a chattel, as being of...contract that the article sold is of that description ; for which the cases of Bridge v. Wain,1 and Shepherd v. Kain,2 and other cases, are authorities ;... | |
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