 ... an agreement with reference to goods which are the subject of a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages, but not to a right to reject the goods and treat the contract...  The Law of Sales of Personal Property - Page 368by Francis Marion Burdick - 1913 - 407 pagesFull view - About this book
 | South Australia - Law - 1896 - 230 pages
...a breach of warranty, and not as a ground for treating the contract as lb.,«eo. n. repudiated. (2) Whether a stipulation in a contract of sale is a condition...treat the contract as repudiated, or a warranty the broach of which may give rise to a claim for damages, but not to a right to reject the goods and treat... | |
 | Law - 1906 - 396 pages
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 | Institute of Bankers (Great Britain) - Banks and banking - 1891 - 840 pages
...a contract of sale, but, collateral to the main purpose of such contract [the breach of which gives rise to a claim for damages, but not to a right to repudiate the contract]. (2.) A thing is deemed to be done in "good faith " within the meaning of this... | |
 | Sales - 1892 - 312 pages
...condition as a breach of warranty, and not as a ground for treating the contract as repudiated. - (2.) Whether a stipulation in a contract of sale is a condition,...rise to a claim for damages, but not to a right to treat the contract as repudiated, depends in each case on the construction of the contract. (3.) Where... | |
 | James Mackintosh - Sales - 1892 - 300 pages
...repudiated, or a warranty, the breach of which may give rise to a claim for damages, but not to a right to treat the contract as repudiated, depends in each case on the construction of the contract. (3.) Where a contract of sale is not severable, and the buyer has accepted the goods, or part thereof,... | |
 | James Mackintosh - Sales - 1892 - 312 pages
...a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages, but not to a right to treat the contract as repudiated. (2.) A thing is deemed to be done in 'good faith' within the meaning... | |
 | Sir Duncan Mackenzie Kerly - Marks of origin - 1894 - 808 pages
...condition as a breach of warranty, and not as a ground for treating the contract as repudiated. " (b.) Whether a stipulation in a contract of sale is a condition...repudiated, or a warranty, the breach of which may The Scotch rule. " give rise to a claim for damages, but not to a right to reject the goods and treat... | |
 | Walter Charles Alan Ker - Commercial law - 1894 - 436 pages
...a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages, but not to a right to...reject the goods and treat the contract as repudiated." As to the distinction between a condition and a warranty, and the right of the buyer to reject the... | |
 | Frank Newbolt - Sales - 1894 - 204 pages
...a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages, but not to a right to...reject the goods and treat the contract as repudiated. As regards Scotland a breach of warranty shall be deemed to be a failure to perform a material part... | |
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