 ... 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
 | Frank Alexander Erwin - 1909 - 728 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... | |
 | Connecticut, John Elliott - 1909 - 956 páginas
...goods, but is relying on the description alone." Varley v. Whip (1900), 1 QB 513, 516. 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 beans. The contract is to sell him peas, and if he sell him anything else in their stead, it is a non-performance... | |
 | James Parker Hall, James De Witt Andrews - 1910 - 460 páginas
...contract itself that goods shall be delivered which correspond with the description. "If a man offer to buy peas of another, and he sends him beans, he does not perform his contract." A contract for the sale of strap-leaf red-top turnip seed is not performed by furnishing Russia turnip... | |
 | Charles Oliver Remfry - 1912 - 1080 páginas
...the description in the contract. To quote the classical judgment of Lord Abinger* "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." Under the Contract Act the seller... | |
 | William Theophilus Brantly - 1912 - 590 páginas
...sent him • lxsans, he does not perform hi.contract, but that is not a warranty. There is no warranty he should sell him peas; the contract is to sell peas, and ii' he sends him anything else, in their stead, it is a non-performance."4 - Davison v. You Lingen,... | |
 | Eugene Allen Gilmore, William Charles Wermuth - 1917 - 924 páginas
...sends an article of an entirely different character from that ordered. Thus, "if a man offers "511 (2). to buy peas of another, and he sends him beans, he...anything else in their stead, it is a non-performance of it."28 But if the parties should expressly state that the performance of certain acts or the furnishing... | |
 | 1914 - 1340 páginas
...noncompliance with a contract which a party has engaged to fulfill ; as, if a man offers to buy pens of another and he sends him beans, he does not perform...peas — the contract is to sell peas— and if he «ell him anything else in their stead, it is a nonperformance of it.' There can be no doubt of the... | |
 | Fred P. Caldwell - 1916 - 1250 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." Fogg's Admr. v. Rodgers, 84 Ky. 563. Stricti juris, a warranty is not an executed contract. A' warranty... | |
 | Fred P. Caldwell - 1916 - 1200 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...there is no warranty that he should sell him peas, and if he sells him anything else in their stead, it is a non-performance of it." Fogy's Admr. v. Radgers,... | |
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