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" Provided that in the case of a contract for the sale of a specified article under its patent or other trade name there is no implied condition as to its fitness for any particular purpose; 2. "
Annual Report of the American Bar Association: Including Proceedings of the ... - 758. lappuse
autors: American Bar Association - 1904
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The Common Law of England: Being the 10th Ed. of Broom's ..., 2. sējums

William Blake Odgers, Walter Blake Odgers - 1911 - 962 lapas
...the goods shall be reasonably fit for such purpose, 5 provided that in the case of a contract for the sale of a specified article under its patent or other trade name, there is no implied condition as to its fitness for any particular purpose; (2.) Where goods are bought by description...
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The Digest of English Case Law: Containing the Reported ..., 11-15. sējumi

John Mews - 1911 - 806 lapas
...1893, and that the defendants could not rely on the proviso which excepts " the case of a contract for sale of a specified article under its patent or other trade name." Held, also (per COZENSHAKDY, MR, and FARWELL, LJ), that the defendants had also committed a breach...
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An Analytical Digest of Cases Published in The Law Journal Reports and The ...

James Sands Henderson - 1911 - 544 lapas
...1893, and that the defendants could not rely on the proviso which excepts " the case of a contract for sale of a specified article under its patent or other trade name." Held, abo (per Cozens-Hardy, MR, and Farwell, LJ), that the defendants had also committed a breach...
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Goodeve's Modern Law of Personal Property

Louis Arthur Goodeve - 1912 - 576 lapas
...condition that the goods shall be reasonably fit for that purpose (&); but if the contract is for the sale of a specified article under its patent or other trade name, there is no implied condition as to its fitness for any particular purpose (c). The (y) Ante, p. 49. (;) Varlfij v. Whipp,...
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The Law of Trade Marks and Trade Name: With Chapters on Trade Secret and ...

Duncan Mackenzie Kerly - 1913 - 1222 lapas
...an article under the descriptive name by which it ia known in the trade is not a " contract for the sale of a specified article under its patent or other trade name " within the proviso of that section, Gillespic v. Cheney, Eggar A Co., [1896] 2 QB 59. On the sale...
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The Law of Sales of Personal Property

Francis Marion Burdick - 1913 - 476 lapas
...its known name, patented or otherwise." 4 There is authority for the proposition that even on the " sale of a specified article under its patent or other trade name," the seller does engage that it has some fitness for the purposes for which it is manufactured and sold;...
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Modern American Law: A Systematic and Comprehensive Commentary on ..., 4. sējums

Eugene Allen Gilmore, William Charles Wermuth - 1917 - 924 lapas
...manufacturer or dealer, is liable for latent defects in the goods. The statement of the Sales Act is : "If the buyer has examined the goods, there is no implied...defects which such examination ought to have revealed." It is to be noticed that this statement speaks only of examination, and not of reasonable opportunity...
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Alberta Law Reports, 6. sējums

Alberta. Supreme Court - 1914 - 592 lapas
...the goods shall be reasonably fit for such purpose; "Provided that in the case of a contract for the sale of a specified article under its patent or other trade name there is no implied condition as to its fitness for any particular purpose: "2. Where goods are bought by description from...
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British Ruling Cases from Courts of Great Britain, Canada ..., 3. sējums

1914 - 1076 lapas
...the goods shall be reasonably fit for such purpose, provided that, in the case of a contract for the sale of a specified article under its patent or other trade name, there is no implied condition as to its fitness for any 3 BRC particular purpose." In cases to which this provision applies,...
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Western Law Reporter (Canada) and Index-digest, 29. sējums

Edward Betley Brown, L. S. Le Vernois, Esten Kenneth Williams - 1914 - 1036 lapas
...enabled to rely upon suib-sec. 22 of the Sale of Goods Act (ch. 203, RSBC 1911), that where the sale is of a specified article under its patent or other trade name, there is no implied condition as to its fitness for any particular purpose — but the article contracted for was never...
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