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" In the absence of express or implied agreement of the parties, acceptance of the goods by the buyer shall not discharge the seller from liability in damages or other legal remedy for breach of any promise or warranty in the contract to sell or the sale.... "
Report of the ... Annual Meeting of the American Bar Association - Stran 765
avtor: American Bar Association - 1904
Celotni ogled - O knjigi

Cases Decided in the United States Court of Claims ... with ..., Količina 145

United States. Court of Claims, Audrey Bernhardt - 1959 - 820 strani
...dismissed. Section 49 of the Uniform Sales Act, upon which plaintiff relies, provides as follows : In the absence of express or implied agreement of...warranty in the contract to sell or the sale. But, if j after acceptance of the goods, the buyer fails to give notice to the seller of the breach of any...
Celotni ogled - O knjigi

The Northwestern Reporter, Količina 186

1922 - 1138 strani
...paying plaintiff the reasonable market value therefor. The above sections read respectively as follows: "In the absence of express or implied agreement of...But, if, after acceptance of the goods, the buyer fails to give notice to the seller of the breach of any promise or warranty within a reasonable time...
Celotni ogled - O knjigi

Atlantic Reporter, Količina 115

1922 - 956 strani
...(4 Comp. St. 1910, p. 4658) expressly enacts that, in the absence of express or implied agreement, acceptance of the goods by the buyer shall not discharge...breach of any promise or warranty in the contract. The offer of the defendant must, we think, be taken to mean that it was an offer to prove that the...
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The New York Supplement, Količina 140

1913 - 1288 strani
...Personal Property Law (Laws 1911, c. 571), which reads: "Acceptance Does Not Bar Action For Damages. — In the absence of express or implied agreement of...But, if, after acceptance of the goods, the buyer fails to give notice to the seller of the breach of any promise or warranty within a reasonable time...
Celotni ogled - O knjigi

The New York Supplement, Količina 145

1914 - 1290 strani
...of the fixtures, if there was an acceptance, would not preclude the buyer from a remedy for damages "for breach of any promise or warranty in the contract to sell or the sale." See, also, section 150 of the statute. I think it is plain that there was a question for the jury whether...
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The New York Supplement, Količina 178

1920 - 1070 strani
...4 sacks examined by plaintiff; and as under section 130 of the statute acceptance of the goods did not discharge the seller from liability in damages, or other legal remedy of the plaintiff for the breach, the only question for determination was whether the plaintiff, within...
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Miscellaneous Reports. Cases Decided in the Courts of Record of ..., Količina 90

New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - 1915 - 794 strani
...130 Supreme Court, Appellate Term, May, lltlo. [Vol. 90. of the Sales Law, which reads as follows : "In the absence of express or implied agreement of...sale. But if, after acceptance of the goods, the buyer fails to give notice to the seller of the breach of any promise or warranty within a reasonable time...
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Miscellaneous Reports. Cases Decided in the Courts of Record ..., Količina 102

New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - 1918 - 832 strani
...Property Law (Sales Act). Section 130 reads as follows: " Acceptance does not bar action for damages. In the absence of express or implied agreement of...or other legal remedy for breach of any promise or Appellate Term, First Department, March, 1918. [Vol. 102. warranty in the contract to sell or the sale....
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Reports of Cases Heard and Determined in the Appellate ..., Količina 171

New York (State). Supreme Court. Appellate Division - 1916 - 1154 strani
...of 1911, chap. 571) has, however, extended the rights of purchasers, and it is there provided that "in the absence of express or implied agreement of...or warranty in the contract to sell or the sale." This places the warranty, whether express or implied, upon the same foundation, but as a condition...
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Lehigh County Law Journal, Količina 11

1926 - 496 strani
...goods were defective. Section 49 of the Sales Act of 1915 (PL 557) provides that, "In the absence of an express or implied agreement of the parties, acceptance...sale. But if, after acceptance of the goods, the buyer fails to give notice to the seller of the breach of any promise or warranty, within a reasonable time...
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