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" In an action of indebitatus assumpsit for goods sold and delivered, the plea of non assumpsit will operate as a denial of the sale and delivery in point of fact ; in the like action for money had and received, it will operate as a denial both of the receipt... "
Cases in the Court of Common Pleas and Exchequer Chamber - Σελίδα 242
των Great Britain. Court of Common Pleas, John Scott - 1839
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Reports of Cases Argued and Determined in the Courts of Exchequer and ...

Great Britain. Court of Exchequer - 1835 - 1150 σελίδες
...of the breach. In an action of mdebitatui assumpsit for goods sold and deli- in actions for vered, the plea of non assumpsit will operate as a denial of the sale and delivery in point of fact; in the like action for money had and received, it will operate as a denial both of the receipt of the...

Reports of Cases Argued and Determined in the King's Bench Practice Court ...

Great Britain. Bail Court, Alfred Septimus Dowling - 1835 - 944 σελίδες
...in an action of indebitatus assumpsit, for goods sold and de(a) Ante, Vol. 2, p. 322. 1834. livered, the plea of non assumpsit will operate as a denial of the sale and delivery in point of fact." Now, the second plea in this case admits that the work and labour was done in point of fact. Under...

Reports of Cases Argued and Determined in the Court of ..., Τεύχος 10,Τόμος 3

Sandford Nevile, Sir William Montagu Manning - 1835 - 996 σελίδες
...HILARY TERM, IV WIL'L. IV. In an action of indebitalus assumpsit for goods sold and delivered, the,plea of non assumpsit will operate as a denial of the sale and delivery in point of fact ; in the like action for money had and received, it will operate as a denial both of the receipt of...

Reports of Cases Argued and Determined in the Court of King's Bench ..., Τόμος 5

Great Britain. Court of King's Bench - 1835 - 1218 σελίδες
...law to the effect alleged, but not of the breach. In an action of indcbitatus assumpsit for 18,'M. goods sold and delivered, the plea of non assumpsit will operate as a __^__ denial of the sale and delivery in point of fact; in the like action for money had and received,...

The Practice of the Law in All Its Departments: With a View of ..., Τόμος 3

Joseph Chitty - 1835 - 1032 σελίδες
...of the breach. In an action of indebitatus assumpsit for goods sold and deli- in indebitatus vered, the plea of non assumpsit will operate as a denial of the {°*®^es sr°ld sale and delivery in point of fact ; (b) in the like action for ccived, non «money...

Reports of Cases Argued and Determined in the Court of King's Bench ..., Τόμος 5

Great Britain. Court of King's Bench, Richard Vaughan Barnewall, John Leycester Adolphus - 1835 - 1232 σελίδες
...the effect alleged, but not of the breach. In an action of indebitatus assumpsit for a 4 goods 1834. goods sold and delivered, the plea of non assumpsit will operate as > ^_^_ denial of the sale and delivery in point of fact; in the like action for money had and received,...

New Cases in the Court of Common Pleas, and Other Courts: With ..., Τόμος 2

Great Britain. Court of Common Pleas, Peregrine Bingham - 1836 - 856 σελίδες
...only to be implied from the occupation by permission of the Plaintiff.] If, according to the rule, " in an action of indebitatus assumpsit, for goods sold...denial of the sale and delivery in point of fact," the plea of non assumpsit here ought only to operate as a denial of the agreement to occupy, and not...

Reports of Cases Argued and Determined in the Court of Common Pleas ..., Τόμος 1

Great Britain. Court of Common Pleas, Sir William Hodges - 1836 - 508 σελίδες
...bailment or employment as would raise a promise in law to the effect alleged, but not of the breach. In an action of indebitatus assumpsit, for goods sold and delivered, the plea of nonassumpsit will operate as a denial of the sale and delivery in point of fact; in the like action...

A Practical Treatise of the Law of Vendors and Purchasers of Chattels ...

Thomas Charles Morton - 1836 - 526 σελίδες
...assumpsit Effect of for goods sold and delivered, the plea of non issue. assumpsit will operate only as a denial of the sale and delivery in point of fact." " In every species of assumpsit, all matters of confession and avoidance, including not only those...

Reports of Cases Argued and Determined in the Court of King's Bench ..., Τόμος 2

Samuel Bealey Harrison, Great Britain. Court of King's Bench, Frederick Luard Wollaston - 1837 - 520 σελίδες
...the plea is good. It says, " In indebiiatus assumpiit for goods sold and delivered, the plea of no» assumpsit will operate as a denial of the sale and delivery in point of fact." It was not the supply of these materials in point of fact that the defendant wished to deny, but to...




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