 | Great Britain. Courts - 1816 - 470 pages
...judgment of the com- v. modily. I am of opinion, however, that under GRAY. such circumstances, the purchaser has a right to expect a saleable article...opportunity to inspect the commodity, the maxim of caveat emplor does not apply. He cannot without a warranty insist that it shall be of any particular quality... | |
 | Mungo Ponton Brown - 1821 - 656 pages
...reasonable judgment of ' the commodity. I am of opinion, however, that, under such cir' cumstances, the purchaser has a right to expect a saleable article,...answering the description in the contract. Without any particu' lar warranty, this is an implied term in e^ry such contract. * Where there is no opportunity... | |
 | Samuel Comyn - 1824 - 680 pages
...a reasonable judgment of the commodity; I am of opinion, however, that under such circumstances the purchaser has a right to expect a saleable article,...commodity, the maxim of caveat emptor does not apply. He cannot without a warranty insist that it shall be of any particular quality or fineness; but the... | |
 | Great Britain. Court of Common Pleas, Peregrine Bingham - 1829 - 616 pages
...to be of a quality not saleable under the denomination of waste silk, Lord Ellenborough said, " The purchaser has a right to expect a saleable article,...in the contract. Without any particular warranty, there is an implied term in every such contract. Where there is no opportunity to inspect the commodity,... | |
 | John Bayly Moore, Great Britain. Court of Common Pleas, John Scott - 1833 - 830 pages
...not saleable under that denomination; and, as Lord Ellenborough justly said — " The purchaser had a right to expect a saleable article, answering the description in the contract." So, in Bridge v. Wain, the article was described in the invoice as " scarlet cuttings," and Lord Ellenborough... | |
 | Joseph Chitty - 1834 - 850 pages
...reached the plaintiff. And Lord Eltenborough said, " I am of opinion, that, under such circumstances, the purchaser has a right to expect a saleable article,...commodity, the maxim of caveat emptor does not apply. He cannot, without a warranty, insist that it shall be of any particular quality or fineness ; but... | |
 | sir George Stephen - 1835 - 360 pages
...inferior quality that they were not saleable as waste silk. Lord Ellenborough held that the purchaser had a right to expect a saleable article, answering the description in the contract ; and that without any particular warranty, it is an implied term in every such contract. " Where there... | |
 | Esek Cowen, New York (State). Supreme Court - 1836 - 828 pages
...article, according to the description in the contract. He adds, "without any particular warranty, there is an implied term in every such contract. Where there...no opportunity to inspect the commodity, the maxim caveat emptor does not apply." It seems to me, therefore, that whether the production of the samples... | |
 | Thomas Starkie - 1842 - 1186 pages
...Cooper v. Twibill, 3 Camp. 286. (i) Gardiner v. Gray, 4 Camp. 144. Lord Ellenborough observed, " The purchaser has a right to expect a saleable article...description in the contract, without any particular warranty ; there is an implied term in every such contract, where there is no opportunity to inspect the commodity... | |
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I am of opinion, however, that under such circumstances, the purchaser has a right to expect a saleable article answering the description in the contract. Without any particular warranty, this is an implied term in every such contract. Where there is... 
