 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...  Miscellaneous Reports. Cases Decided in the Courts of Record of the State of ... - 280 페이지저자: 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) - 1915전체보기 - 도서 정보
 | United States. Court of Claims, Audrey Bernhardt - 1959 - 820 페이지
...counterclaim should be dismissed. Section 49 of the Uniform Sales Act, upon which plaintiff relies, provides as follows : In the absence of express or implied...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... | |
 | 1922 - 956 페이지
...(4 Comp. St. 1910, p. 4658) expressly enacts that, in the absence of express or implied agreement, acceptance of the goods by the buyer shall not discharge...breach of any promise or warranty in the contract. The offer of the defendant must, we think, be taken to mean that it was an offer to prove that the... | |
 | 1914 - 1290 페이지
...of the fixtures, if there was an acceptance, would not preclude the buyer from a remedy for damages "for breach of any promise or warranty in the contract to sell or the sale." See, also, section 150 of the statute. I think it is plain that there was a question for the jury whether... | |
 | 1920 - 1070 페이지
...4 sacks examined by plaintiff; and as under section 130 of the statute acceptance of the goods did not discharge the seller from liability in damages, or other legal remedy of the plaintiff for the breach, the only question for determination was whether the plaintiff, within... | |
 | New York (State). Supreme Court. Appellate Division - 1916 - 1154 페이지
...of 1911, chap. 571) has, however, extended the rights of purchasers, and it is there provided that "in the absence of express or implied agreement of...or warranty in the contract to sell or the sale." This places the warranty, whether express or implied, upon the same foundation, but as a condition... | |
 | Connecticut - 1907 - 404 페이지
...intimating to the seller that he has rejected ^hem. SEC. 49. Acceptance does not Bar Action for Damages. In the absence of express or implied agreement of...any promise or warranty in the contract to sell or in the sale; but if, after acceptance of the goods, the buyer fails to give notice to the seller of... | |
 | Francis Buchanan Tiffany - 1908 - 596 페이지
...and other vexed questions would be set at rest by the proposed Sales Act by the following provision: "In the absence of express or implied agreement of...any promise or warranty in the contract to sell or sale." l" * Buyer's Liability for Failure to Accept Delivery. In Greaves v. Ashlin, 1" Lord Ellenborough... | |
 | Ohio - 1908 - 712 페이지
...time, he retains the goods without intimating to the seller that he has rejected them. SECTION 49. In the absence of express or implied agreement of the parties, acceptance cf the goods by the buyer shall not discharge the seller from liability in damages or other legal remedy... | |
 | Connecticut, John Elliott - 1909 - 956 페이지
...proving acceptance is upon the vendor.22 Section 49. Acceptance Does Not Bar Action for Damages. — In the absence of express or implied agreement of...any promise or warranty in the contract to sell or in the sale ; but if, after acceptance of the goods, the buyer fails to give notice to the seller of... | |
 | Francis Marion Burdick - 1913 - 476 페이지
...thirty-five of the English Act and a codification of existing law.8 SECTION 49. In the absence of an express or implied agreement of the parties, acceptance...discharge the seller from liability in damages or other APPENDIX IV. remedy for breach of any promise or warranty in the contract to sell or the sale. But,... | |
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