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" In the absence of express or implied agreement of the parties, acceptance of the goods by the buyer shall not discharge the seller from liability in damages or other legal remedy for breach of any promise or warranty in the contract to sell or the sale.... "
The Central Law Journal - Страница 317
1918
Пълен достъп - Информация за книгата

Cases Decided in the United States Court of Claims ... with Report ..., Том 145

United States. Court of Claims, Audrey Bernhardt - 1959 - 820 страници
...warranty in the contract to sell or the sale. But, if j after acceptance of the goods, the buyer fails to give notice to the seller of the breach of any...such breach, the seller shall not be liable therefor. Plaintiff then argues that no timely notice was given by defendant of a breach of the contract and...

Report of the ... Annual Meeting of the American Bar Association, Том 46

American Bar Association - 1921 - 1066 страници
...breach of any promise or warranty in the contract to sell or the sale. But, if, after acceptance of the goods, the buyer fail to give notice to the seller...know of such breach, the seller shall not be liable therrfor. SEC. 37. — [Buyer is Not Bound to Return Goods Wrongly Delivered.] Unless otherwise agreed,...

The Northwestern Reporter, Том 186

1922 - 1138 страници
...warranty in the contract to sell or the sale. But, if, after acceptance of the goods, the buyer fails to give notice to the seller of the breach of any...breach, the seller shall not be liable therefor." "Where there is a breach of warranty by the seller, the buyer may, at his election: "(a) Accept or...

Atlantic Reporter, Том 92

1915 - 1138 страници
...breach of any promise or warranty in the contract to sell or the sale. But if, after acceptance of the goods, the buyer fail to give notice to the seller...such breach, the seller shall not be liable therefor (PL 1907, p. 329)." In both these sections we have to consider the question of reasonable time as applied...

Atlantic Reporter, Том 98

1917 - 1184 страници
...§ 70, that: "If, after acceptance of the goods, the buyer fail to give notice to the seller of tbe breach of any promise or warranty within a reasonable...breach, the seller shall not be liable therefor." This provision is not available to the defendants, because the proof is that the truck was repeateuly...

The New York Supplement, Том 140

1913 - 1288 страници
...warranty in the contract to sell or the sale. But, if, after acceptance of the goods, the buyer fails to give notice to the seller of the breach of any...breach, the seller shall not be liable therefor." The contention is narrowed down to the last sentence of the section. Defendant contends that this is...

The New York Supplement, Том 168

1918 - 1258 страници
...known as the Sales of Goods Act) provided that: '•If. after acceptance of the goods, the buyer fails to give notice to the seller of the breach of any...ought to know, of such breach, the seller shall not bo liable therefor." Section 129, defining what constitutes acceptance, says: "The buyer is deemed...

The New York Supplement, Том 176

1919 - 1076 страници
...provides that — "If, after acceptance of the goods, the buyer falls to give notice to the seller of any breach of any promise or warranty within a reasonable...breach, the seller shall not be liable therefor/' [1, 2] The first conversation between the parties took place 10 days after the goods were received...

Miscellaneous Reports. Cases Decided in the Courts of Record of the ..., Том 102

New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - 1918 - 832 страници
...warranty in the contract to sell or the sale. But, if, after acceptance of the goods, the buyer fails to give notice to the seller of the breach of any...breach, the seller shall not be liable therefor." The question is whether the giving of notice of the alleged defective quality of the sandals twenty-three...

Reports of Cases Heard and Determined in the Appellate Division of ..., Том 171

New York (State). Supreme Court. Appellate Division - 1916 - 1154 страници
...provision of section 130 of the Personal Property Law, that if after the acceptance of goods a buyer fails to give notice to the seller of the breach of any promise or warranty within a reasonable time the seller shall not be liable therefor, is a condition precedent and must be pleaded. Hence, a counterclaim...




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