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" ... warranty, to return the article and revest the property in the vendor, and recover the price as money paid on a consideration which has failed, but must sue upon the warranty, unless there has been a condition in the contract authorizing the return,... "
A Treatise on the Law of Warranties in the Sale of Chattels - Sivu 285
tekijä(t) Arthur Biddle - 1884 - 308 sivua
Koko teos - Tietoja tästä kirjasta

A Practical Treatise on the Law of Contracts: Not Under Seal; and Upon the ...

Joseph Chitty - 1834 - 850 sivua
...369 (a) 2 B. & Ad. 460. vendee, and the price has been paid, he has no right, upon the breach of the warranty, to return the article and revest the property...unless there has been a condition in the contract authorising the return, or the vendor has received back the chattel, or has been guilty of ajraud,...

An Abridgment of the Law of Nisi Prius, Nide 1

William Selwyn - 1838 - 802 sivua
...chattel has passed to the vendee and the price has been paid, he has no right, upon the breach of the warranty, to return the article and revest the property...return, or the vendor has received back the chattel, and thereby consented to rescind the contract, or has been guilty of a fraud, which destroys the contract...

Cases in the Court of Common Pleas and Exchequer Chamber [1834-1840].

Great Britain. Court of Common Pleas, John Scott - 1838 - 760 sivua
...chattel has passed to the vendee, and the price has been paid, he has no right, upon the breach of the warranty, to return the article, and revest the property...unless there has been a condition in the contract authorising the return, or the vendor has received back the chattel, and has thereby consented to rescind...

A Practical Abridgement of the Law of Nisi Prius, Together ..., Nide 2;Nide 322

Samuel Bealey Harrison, Frederic Edwards - 1838 - 908 sivua
...sold, and not diminished in value by doctering, &c. (j). But it is only where there is a consideration in the contract authorizing the return, or the vendor has received back the horse and has thereby consented to rescind the contract, or has been guilty of a fraud, which destroys...

A Practical Treatise on the Law of Contracts, Not Under Seal: And Upon the ...

Joseph Chitty - 1841 - 1040 sivua
...chattel has passed to the vendee, and the price has been paid, he has no right, upon the breach of the warranty, to return the article and revest the property...return, or the vendor has received back the chattel, or has been guilty of a fraud, which destroys the contract altogether (/>). If these cases are rightly...

The Law Times, Nide 44

1858 - 524 sivua
...bring an action thereon against him. But he cannot, if he has received a specific article, return it and recover the price as money paid on a consideration which has failed. This latter principle, however, does not apply to manufactured goods which have never been completely...

The Reports of the Most Learned Sir Edmund Saunders: Late Lord Chief Justice ...

Great Britain. Court of King's Bench, Edmund Saunders - 1845 - 968 sivua
...property has passed to the vendee, and the price has been paid, he has no right, upon breach of the warranty, to return the article and revest the property...as money paid on a consideration which has failed; unless there has been a condition in the contract authorising the return, or the vendor has received...

Common Bench Reports: Cases Argued and Determined in the Court of Common ...

Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger, John Scott - 1846 - 996 sivua
...chattel has passed to the vendee, and the price has been paid, he has no right, upon the breach of the warranty, to return the article, and revest the property...which has failed, but must sue upon the warranty, (a) 3 E«p. NPC 83. (6) Part IV. p. 645. unless there has been a condition in the contract authorising...

A Selection of Leading Cases Upon Commercial Law Decided by the ..., Nide 725

1847 - 554 sivua
...vendee, and the 24 Thornton <». Wynn. price has been paid, he lias no right upon the breach of the warranty to return the article and revest the property...recover the price as money paid on a consideration that had tailed, but must sue upon the warranty, unless there has been a condition in the contract...

A Treatise on the Law of Contracts and Rights and Liabilities Ex ..., Niteet 1–2

Charles Greenstreet Addison - 1849 - 686 sivua
...chattel has passed to the vendee, and the price has been paid, he has no right, upon the breach of the warranty, to return the article and revest the property in the vendor, and recover the price as on a consideration which has failed,(/>) but must sue upon the warranty, unless there has been a condition...




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