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" In the absence of express or implied agreement of the parties, acceptance of the goods by the buyer shall not discharge the seller from liability in damages or other legal remedy for breach of any promise or warranty in the contract to sell or the sale.... "
Annual Report of the American Bar Association: Including Proceedings of the ... - Page 767
by American Bar Association - 1904
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Cases Decided in the United States Court of Claims ... with ..., Volume 145

United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 1959 - 820 pages
...dismissed. Section 49 of the Uniform Sales Act, upon which plaintiff relies, provides as follows : In the absence of express or implied agreement of...warranty in the contract to sell or the sale. But, if j after acceptance of the goods, the buyer fails to give notice to the seller of the breach of any...
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The Northwestern Reporter, Volume 186

Law reports, digests, etc - 1922 - 1138 pages
...paying plaintiff the reasonable market value therefor. The above sections read respectively as follows: "In the absence of express or implied agreement of...But, if, after acceptance of the goods, the buyer fails to give notice to the seller of the breach of any promise or warranty within a reasonable time...
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The Federal Reporter

Law reports, digests, etc - 1961 - 1126 pages
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The Federal Reporter

Law reports, digests, etc - 1950 - 1198 pages
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Atlantic Reporter, Volume 115

Law reports, digests, etc - 1922 - 956 pages
...(4 Comp. St. 1910, p. 4658) expressly enacts that, in the absence of express or implied agreement, acceptance of the goods by the buyer shall not discharge...breach of any promise or warranty in the contract. The offer of the defendant must, we think, be taken to mean that it was an offer to prove that the...
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The New York Supplement, Volume 140

Law reports, digests, etc - 1913 - 1288 pages
...Personal Property Law (Laws 1911, c. 571), which reads: "Acceptance Does Not Bar Action For Damages. — In the absence of express or implied agreement of...But, if, after acceptance of the goods, the buyer fails to give notice to the seller of the breach of any promise or warranty within a reasonable time...
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Lackawanna Jurist, Volumes 34-36

Law reports, digests, etc - 1933 - 684 pages
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The New York Supplement, Volume 145

Law reports, digests, etc - 1914 - 1290 pages
...of the fixtures, if there was an acceptance, would not preclude the buyer from a remedy for damages "for breach of any promise or warranty in the contract to sell or the sale." See, also, section 150 of the statute. I think it is plain that there was a question for the jury whether...
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The New York Supplement, Volume 178

Law reports, digests, etc - 1920 - 1070 pages
...4 sacks examined by plaintiff; and as under section 130 of the statute acceptance of the goods did not discharge the seller from liability in damages, or other legal remedy of the plaintiff for the breach, the only question for determination was whether the plaintiff, within...
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Miscellaneous Reports. Cases Decided in the Courts of Record of ..., Volume 90

New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - Law reports, digests, etc - 1915 - 794 pages
...130 Supreme Court, Appellate Term, May, lltlo. [Vol. 90. of the Sales Law, which reads as follows : "In the absence of express or implied agreement of...sale. But if, after acceptance of the goods, the buyer fails to give notice to the seller of the breach of any promise or warranty within a reasonable time...
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