 | 1867 - 988 pàgines
...offers to buy petti of another, and he sends him bfiins, he does not perform his contract ; but that is not a warranty ; there is no warranty that he should...if he sends him anything else in their stead, it is non-performance of it." Here the plaintiff sold bales, marked in » particular way, containing cotton,... | |
 | Solomon Atkinson - 1853 - 562 pàgines
...man offers to buy peas of another, and he sends him beans, he does not perform his contract; but that is not a warranty, there is no warranty that he should...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... | |
 | John William Smith, John Innes Clark Hare, Horace Binney Wallace, John William Wallace - 1855 - 1006 pàgines
...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...him peas; the contract is to sell peas, and if he sells 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 pàgines
...offers to buy peas of another, and he sends him beans, he does not perform his contract ; but that is not a 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... | |
 | 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 pàgines
...man offers to buy peas of another, and he sends him beans, he does not perform his contract; but that is not a warranty : there is no warranty that he should...him peas ; the contract is to sell peas, and if he sells him anything else in their stead, it is a non-performance of it. So if a man were to order copper... | |
 | Judah Philip Benjamin - 1868 - 748 pàgines
...man offers to buy peas of another and he sends him beaus, he does not perform his contract; but that is not a warranty; there is no warranty that he should...him peas, the contract is to sell peas, and if he sell him anything else in their stead, it is a non-performance of it." 1 There can be no doubt of the... | |
 | Edward William Cox - 1875 - 722 pàgines
...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,...of it." We admit that the case is undistinguishable frpm the one supposed in the argument of a person handing to a cabman a sovereign by mistake for a... | |
 | Frederick Pollock - 1876 - 692 pàgines
...man offers to buy pcux of another and he sends him beans, he does not perform his contract ; but that is not a warranty ; there is no warranty that he should...peas ; the contract is to sell peas, and if he sends anything else in their stead it is a non-performance of it " (&). So that, even if it bo (a) Jane*... | |
 | James Hannay - 1878 - 532 pàgines
...beans, he does not perform his contract, but that is not a warranty; there is no warranty that he shall sell him peas; the contract is to sell peas, and if he deliver him anything else in their stead it is a non-performance of it. So if a man were to order copper... | |
 | Nathaniel Cleveland Moak - 1879 - 1026 pàgines
...oft'e-rs to buy peas of another, and he sends him beans, he does not perform his contract, but that is not a warranty; there is no warranty that he should sell him peas; the contract is to sell peas, anil if he sends him anything else in their stead, it is a non-performance of it." We admit that the... | |
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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... 
