 | Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1831 - 812 σελίδες
...the action will not lie; for if he sell the wine or horse without such warranty, it is at the other's peril, and his eyes and his taste ought to be his judges." The Year Book, 26 Hen. 6, 35, is referred to as an authority to establish that principle. In cases... | |
 | Charles Greenstreet Addison - 1849 - 686 σελίδες
...an action will not lie against the vendor ; " for if he sell without a warranty it is at the other's peril, and his eyes and his taste ought to be his judges in that case." (a) Where 142 bales of cotton were sold by sample upon a representation that the bulk corresponded... | |
 | 1850 - 556 σελίδες
...refers only to warranty of quality, eg soundness of horse and goodness of wine, " for the purchaser's eyes and his taste ought to be his judges in that case." horse in Smithfield, but not legally tolled." (And see SC, in note to 2 East, 448). It will be observed... | |
 | George Ross - 1855 - 956 σελίδες
...action will not lie ; for if he sell the wine or horse without such warranty, it is at the other's peril, and his eyes and his taste ought to be his judges." The Year Book, 26 Hen. VI. 35, * referred to as an authority to establish that principle. In ases of... | |
 | 1884 - 1902 σελίδες
...the action will not lie; for if he sell the wine or horse without such warranty, it is at the other's peril, and his eyes and his taste ought to be his judges in the case." This ia the doctrine of caeeat emptor — let the purchaser take heed. Under this rule,... | |
 | Arthur Biddle - 1884 - 346 σελίδες
...the action will not lie. For if he sell the wine or horse without such warranty, it is at the other's peril, and his eyes and his taste ought to be his judges in the case; 26 H. VI. 35. But if a smith- prick my horse with a nail, etc., I shall have my action upon... | |
 | 1886 - 808 σελίδες
...498, notis. By the civil law, says Lord Coke, every man is bound to warn the thing that he selleth, albeit there be no express warranty; but the common...cited from 2 East, the judges were unanimous that the rale applied to sales of all kinds of commodities. That without a warranty by the seller, or fraud... | |
 | 1886 - 838 σελίδες
...bindeth him not, unless there be a warranty in deed or in law." And Fitzherbert, in the Nat. Brev. 94 c., says, " that if a man sell wine that is corrupted,...buyer's peril, and his eyes and his taste ought to be the judges in that case." It appears from all the authorities that without warranty by the seller,... | |
 | William Albert Keener - 1888 - 1234 σελίδες
...the action will not lie. For if he sell the wine or horse without such warranty, it is at the other's peril, and his eyes and his taste ought to be his judges in that case : 26 H. 6, 35." There is a case of Paget v. Wilkinson, referred to in the note to Williamson v. Allison,4... | |
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... action upon the case against him. But note: It behoveth that he warrant it to be good, and the horse to be sound, otherwise the action will not lie. For if he sell the wine or horse without such warranty, it is at the other's peril, and his eyes and... 
