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" ... that if such descriptive statement was intended to be a substantive part of the contract, it is to be regarded as a warranty, that is to say, a condition on the failure or nonperformance of which the other party may, if he... "
The New Reports, Containing Cases Decided in the Courts of Equity and Common Law - Σελίδα 186
1863
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Reports of Cases Argued and Determined in the Court of Queen's Bench: And ...

Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - 1864 - 1042 σελίδες
...or non-performance of which the other party may, if he is so minded repudiate the contract in toto, and so be relieved from performing his part of it,...warranty loses the character of a condition, or, to speak perhaps more properly, ceases to be available as a condition, and becomes a warranty in the narrower...

A Treatise on the Law of Fraud and Mistake as Administered in Courts of Equity

William Williamson Kerr - 1868 - 498 σελίδες
...with, the party to whom it is made may, if he be so minded, repudiate the contract, provided it baa not been partially executed in his favour. If, indeed,...consideration for the promise on his part, the warranty ceases to be available as a condition, and becomes a warranty in the narrower sense of the term, that...

A Treatise on the Law of Warranties and Representations Upon the Sale of ...

Thomas William Saunders - 1874 - 238 σελίδες
...or nonperformance of which the other party may, if he is so minded, repudiate the contract in toto, and so be relieved from performing his part of it,...warranty loses the character of a condition, or to speak, perhaps, more properly, ceases to be available as a condition, and becomes a warranty in the narrower...

The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Τόμος 8

1874 - 440 σελίδες
...or non-performance of which the other party may, if he be so minded, repudiate the contract in toto, and so be relieved from performing his part of it,...provided it has not been partially executed in his favor. If, indeed, he has received the whole, or any substantial part of the consideration of the promise...

The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Τόμος 8

1874 - 450 σελίδες
...or non-performance of which the other party may, if he be so minded, repudiate the contract in loto, and so be relieved from performing his part of it,...provided it has not been partially executed in his favor. If, indeed, he has received the whole, or any substantial part of the consideration of the promise...

Principles of the English Law of Contract

Sir William Reynell Anson - 1879 - 486 σελίδες
...or non-performance of which the other party may, if he is so minded, repudiate the contract tn toto, and so be relieved from performing his part of it,...warranty loses the character of a condition, or, to speak perhaps more properly, ceases to be available as a condition, and becomes a warranty in the narrower...

Principles of the Law of Contract

Sir William Reynell Anson - 1880 - 494 σελίδες
...relieved from performing his part of it, provided it has not been partially executed in his favor. If, indeed, he has received the whole or any substantial...warranty loses the character of a condition, or, to speak perhaps more properly, ceases to be available as a condition, and becomes a warranty in the narrower...

Principles of the Law of Contract

Sir William Reynell Anson - 1880 - 442 σελίδες
...or non-performance of which the other party may, if he is so minded, repudiate the contract in toto, and so be relieved from performing his part of it,...provided it has not been partially executed in his favor. If, indeed, he has received the whole or any substantial part of the consideration for the promise...

A Treatise on the Law of Merchant Shipping and Freight

James Thomas Foard - 1880 - 678 σελίδες
...partial execution of its terms in his favour, and he has not acted on or received a benefit under it. If he> has received the whole or any substantial part of the consideration for his promise, the warranty loses the character of a condition, or, more accurately, ceases to be available...

A Compendium of the Law of Merchant Shipping: With an Appendix ..., Τόμος 1

Frederic Philip Maude, Charles Edward Pollock - 1881 - 956 σελίδες
...and so be relieved from performing hit part of it, provided it hat not teen partially executed in hit favour. If, indeed, he has received the whole, or...for the promise on his part, the warranty loses the characterof a condition, or, to speak more properly, perhaps, ceases to be available as a condition,...




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