 | South Australia - 1896 - 230 sidor
...opportunity of comparing the bulk with the sample : (c) There is an implied condition that the goods shall be free from any defect, rendering them unmerchantable,...apparent on reasonable examination of the sample. PART II. PAHT „. EFFECTS OF THE CONTRACT. Transfer of Property as between Seller and Buyer. 16. Where... | |
 | 1896 - 866 sidor
...(c) in case of a contract for sale by sample there is an implied condition that the goods shall be free from any defect rendering them unmerchantable...apparent on reasonable examination of the sample. The difficulty, if any, of applying the latter of these sections lies in the concluding words. What... | |
 | Institute of Bankers (Great Britain) - 1891 - 840 sidor
...comparing the bulk with the sample. (<-.) There is an implied [undertaking] that the goods shall be free from any defect, rendering them unmerchantable, which would not be apparent on inspection of the sample. PART II. EFFECTS OP THE CONTRACT. Transfer of Property at between Seller... | |
 | 1888 - 432 sidor
...of comparing the bulk with the sample. ('•.) There is an implied warranty that the goods shall be free from any defect, rendering them unmerchantable, which would not be apparent on inspection of the sample. PART II.— EFFECTS OF THE CONTRACT. Transfer of Property at between Seller... | |
 | 1892 - 312 sidor
...of comparing the bulk with the sample, (c.) There is an implied undertaking that the goods shall be free from any defect, rendering them unmerchantable,...apparent on reasonable examination of the sample. PART II. EFFECTS OF THR CONTRACT. Transfer of Property as between Seller and Buyer. XVIII. Goods must... | |
 | Joseph Edwin Crawford Munro - 1893 - 258 sidor
...inspect the bulk, he should make his request at a proper and convenient time. (d) That the goods shall be free from any defect rendering them unmerchantable, which would not be apparent on a reasonable examination of the sample. At one time it was maintained that, upon a sale of goods by... | |
 | Walter Charles Alan Ker - 1894 - 436 sidor
...opportunity of comparing the bulk with the sample : (c) There is an implied condition that the goods shall be free from any defect, rendering them unmerchantable,...apparent on reasonable examination of the sample. Bulk shall correspond with sample. — Sub-s. (2) (a) must be s. 15 (2) (a). read subject to s. 13,... | |
 | Frank Newbolt - 1894 - 204 sidor
...Salem). [1867.] 5 4 M. & G. 819 ; 12 LJCP 9 ; Car. & M. 424 ; 5 Scott, NR 721 6 Jur. 1016. [1842.] dering them unmerchantable, which would not be apparent on reasonable examination of the sample. In the old case of Parkinson v. Lee1 (now no longer law, as mentioned below), the judges held that... | |
 | Richard Brown - 1895 - 448 sidor
...however, it is provided without qualification that where the sale is by sample the goods shall be " free from any defect rendering them unmerchantable...apparent on reasonable examination of the sample." In the case of specific goods this appears to alter the previous law both of England and Scotland.... | |
 | New York (State). Supreme Court. Appellate Division - 1916 - 1154 sidor
...in the kind of goods being sold, there was, of course, an implied warranty that the goods should be free from any defect rendering them unmerchantable...apparent on reasonable examination of the sample. (Pers. Prop. Law [Consol. Laws, chap. 41; Laws of 1909, chap. 45], § 97, as added by Laws of 1911,... | |
| |
If the seller is a dealer in goods of that kind, there is an implied warranty that the goods shall be free from any defect rendering them unmerchantable which would not be apparent on reasonable examination of the sample. 
