 ... 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...  The South Western Reporter - Página 2501887Visualização integral - Acerca deste livro
 | 1867 - 988 páginas
...party has engaged to fulfil ; as, if a man offers to buy petti of another, and he sends him bfiins, he does not perform his contract ; but that is not...him peas; the contract is to sell peas, and if he sends him anything else in their stead, it is non-performance of it." Here the plaintiff sold bales,... | |
 | 1873 - 962 páginas
...the principle enunciated by Lord Abinger in Chanter v. Hopl-ins (11), when he says, " If a man offers to buy peas of another and he sends him beans he does not perform his contract; bat that is not a warranty ; there is no warranty that he should sell him peas : the contract is to... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1839 - 856 páginas
...a party has engaged to fulfil; as, if a man offers to buy peas of another, and he sends him Leans, he does not perform his contract; but that is not...him peas ; the contract is to sell peas, and if he sends him any tiling else in their stead, it is a non-performance of it. So if a man were to order... | |
 | 1846 - 700 páginas
...such cases as a non-compliance with a contract which he has engaged to fulfil : as, if a man offer to buy peas of another, and he sends him beans, he does not perform the contract ; but that is not a warranty ; there is no warranty that he shall sell him peas : the... | |
 | Solomon Atkinson - 1853 - 562 páginas
...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...him peas ; the contract is to sell peas, and if he sends 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 páginas
...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...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 páginas
...cases as a non-compliance with a contract which a party has engaged to fulfill ; as if a man offers to buy peas of another, and he sends him beans, he...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 a... | |
 | Judah Philip Benjamin - 1868 - 748 páginas
...which a party has engaged to fulfil: as if a man offers to buy peas of another and he sends him beaus, he does not perform his contract; but that is not...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... | |
 | Great Britain. Magistrates' cases - 1875 - 532 páginas
...principle enunciated by Lord Abingcr, in Chester v. Hopkins (4 M. & W. 404), when he says, "If a man offers to buy peas of another and he sends him beans, he...him peas, the contract is to sell peas, and if he sends him anything else in their stead, it is a non-performance of it." We admit that the case is undistinguishable... | |
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