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" ... action upon the case against him. But note: It behoveth that he warrant it to be good, and the horse to be sound, otherwise the action will not lie. For if he sell the wine or horse without such warranty, it is at the other's peril, and his eyes and... "
New York Term Reports of Cases Argued and Determined in the Supreme Court of ... - Página 55
por New York (State). Supreme Court, George Caines - 1805
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Reports of Cases Argued and Determined in the Courts of Common ..., Volumen3

Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1831 - 812 páginas
...the action will not lie; for if he sell the wine or horse without such warranty, it is at the other's peril, and his eyes and his taste ought to be his judges." The Year Book, 26 Hen. 6, 35, is referred to as an authority to establish that principle. In cases...
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A Treatise on the Law of Contracts and Rights and Liabilities ..., Volúmenes1-2

Charles Greenstreet Addison - 1849 - 686 páginas
...an action will not lie against the vendor ; " for if he sell without a warranty it is at the other's peril, and his eyes and his taste ought to be his judges in that case." (a) Where 142 bales of cotton were sold by sample upon a representation that the bulk corresponded...
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The Exchequer Reports: Reports of Cases Argued and Determined in ..., Volumen3

Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - 1850 - 936 páginas
...the action will not lie. For if he sell the wine or horse without such warranty, it is at the other's peril, and his eyes and his taste ought to be his judges in that case: 26 H. 6, 35." There is a case of Pagetv. Wilkinson, referred to in the note to Williamson v. Allison(b),...
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The Jurist, Volumen13,Parte2

1850 - 556 páginas
...refers only to warranty of quality, eg soundness of horse and goodness of wine, " for the purchaser's eyes and his taste ought to be his judges in that case." horse in Smithfield, but not legally tolled." (And see SC, in note to 2 East, 448). It will be observed...
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Leading Cases in the Commercial Law of England and Scotland, Volumen2

George Ross - 1855 - 956 páginas
...action will not lie ; for if he sell the wine or horse without such warranty, it is at the other's peril, and his eyes and his taste ought to be his judges." The Year Book, 26 Hen. VI. 35, * referred to as an authority to establish that principle. In ases of...
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The Federal Reporter: Cases Argued and Determined in the ..., Volúmenes21-22

1884 - 1902 páginas
...the action will not lie; for if he sell the wine or horse without such warranty, it is at the other's peril, and his eyes and his taste ought to be his judges in the case." This ia the doctrine of caeeat emptor — let the purchaser take heed. Under this rule,...
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A Treatise on the Law of Warranties in the Sale of Chattels

Arthur Biddle - 1884 - 346 páginas
...the action will not lie. For if he sell the wine or horse without such warranty, it is at the other's peril, and his eyes and his taste ought to be his judges in the case; 26 H. VI. 35. But if a smith- prick my horse with a nail, etc., I shall have my action upon...
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The American Decisions: Containing All the Cases of General Value ..., Volumen2

1886 - 808 páginas
...498, notis. By the civil law, says Lord Coke, every man is bound to warn the thing that he selleth, albeit there be no express warranty; but the common...cited from 2 East, the judges were unanimous that the rale applied to sales of all kinds of commodities. That without a warranty by the seller, or fraud...
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The American Decisions: Containing All the Cases of General Value ..., Volumen9

1886 - 838 páginas
...bindeth him not, unless there be a warranty in deed or in law." And Fitzherbert, in the Nat. Brev. 94 c., says, " that if a man sell wine that is corrupted,...buyer's peril, and his eyes and his taste ought to be the judges in that case." It appears from all the authorities that without warranty by the seller,...
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A Selection of Cases on the Law of Quasi-contracts, Volúmenes1-2

William Albert Keener - 1888 - 1234 páginas
...the action will not lie. For if he sell the wine or horse without such warranty, it is at the other's peril, and his eyes and his taste ought to be his judges in that case : 26 H. 6, 35." There is a case of Paget v. Wilkinson, referred to in the note to Williamson v. Allison,4...
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