 | 1867 - 988 sivua
...party has engaged to fulfil ; as, if a man offers to buy petti of another, and he sends him bfiins, he does not perform his contract ; but that is not...him peas; the contract is to sell peas, and if he sends him anything else in their stead, it is non-performance of it." Here the plaintiff sold bales,... | |
 | 1873 - 962 sivua
...and that on the principle enunciated by Lord Abinger in Chanter v. Hopl-ins (11), when he says, " If a man offers to buy peas of another and he sends him beans he does not perform his contract; bat that is not a warranty ; there is no warranty that he should sell him peas : the contract is to... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1839 - 856 sivua
...distinguish such cases as a non-compliance with a contract which a party has engaged to fulfil; as, if a man offers to buy peas of another, and he sends him Leans, he does not perform his contract; but that is not a warranty; there is no warranty that he should... | |
 | 1846 - 700 sivua
...such cases as a non-compliance with a contract which he has engaged to fulfil : as, if a man offer to buy peas of another, and he sends him beans, he does not perform the contract ; but that is not a warranty ; there is no warranty that he shall sell him peas : the... | |
 | Solomon Atkinson - 1853 - 562 sivua
...distinguish such cases as a non-compliance with a contract which a party has engaged to fulfil ; as, if a man offers to buy peas of another, and he sends...him peas ; the contract is to sell peas, and if he sends him anything else in their stead, it is a non-performance of it. So, if a man were to order copper... | |
 | George Ross - 1855 - 956 sivua
...distinguish such cases as a non-compliance with a contract which a party has engaged to fulfil ; as if a man offers to buy peas of another, and he sends...warranty ; there is no warranty that he should sell him pease ; the contract is to sell pease, and if he sends him anything else in their stead, it is a nonperformance... | |
 | John William Smith, John Innes Clark Hare, Horace Binney Wallace, John William Wallace - 1855 - 1006 sivua
...distinguish such cases as a non-compliance with a contract which a party has engaged to fulfil ; as if a man offers to buy peas of another, and he sends him beans, he does not perform his contract; butthat is not a warranty; there is no warranty that he should sell him peas; the contract is to sell... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1860 - 642 sivua
...distinguish such cases as a non-compliance with a contract which a party has engaged to fulfill ; as if a man offers to buy peas of another, and he sends...else in their stead, it is a non-performance of it. So if a man were to order copper for sheathing ships — that is a particular copper, prepared in a... | |
 | Great Britain. Magistrates' cases - 1875 - 524 sivua
...the principle enunciated by Lord Abinger, in Chester v. Hopkins (4 M. & W. 404), when he says, " If a man offers to buy peas of another and he sends him...him peas, the contract is to sell peas, and if he sends him anything else in their stead, it is a non-performance of it." We admit that the case is undistinguishable... | |
 | Edward William Cox - 1875 - 722 sivua
...Hopkins (4 M. & W. 404), when he says " If a man offers to buy peas of another and ho sends him beans, ho does not perform his contract; but that is not a warranty: there is no warranty that ho should sell him peas, the contract is to sell peas, and if he sends him anything else in their stead... | |
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... breach of warranty. But it would be better to distinguish such cases as a non-compliance with a contract which a party has engaged to fulfil ; as, if a man offers to buy peas of another, and he sends him beans, he does not perform his contract; but... 
