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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. "
The Law of Sales of Personal Property - Page 349
by Francis Marion Burdick - 1913 - 407 pages
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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
...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. 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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Report of the ... Annual Meeting of the American Bar Association, Volume 46

American Bar Association - Bar associations - 1921 - 1066 pages
...warranty in the contract to sell or the sale. But, if, after acceptance of the goods, the buyer fail to give notice to the seller of the breach of any...know of such breach, the seller shall not be liable therrfor. SEC. 37. — [Buyer is Not Bound to Return Goods Wrongly Delivered.] Unless otherwise agreed,...
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Atlantic Reporter, Volume 92

Law reports, digests, etc - 1915 - 1138 pages
...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...sale. But if, after acceptance of the goods, the buyer fail to give notice to the seller of the breach of any promise or warranty within a reasonable time...
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The New York Supplement, Volume 168

Law reports, digests, etc - 1918 - 1258 pages
...Personal Property Law (added by Laws 1911, c. 571, known as the Sales of Goods Act) provided that: '•If. after acceptance of the goods, the buyer fails...ought to know, of such breach, the seller shall not bo liable therefor." Section 129, defining what constitutes acceptance, says: "The buyer is deemed...
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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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Reports of Cases Heard and Determined in the Appellate Division ..., Volume 171

New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1916 - 1154 pages
...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." This places the warranty, whether express or implied, upon the same foundation, but as a condition...
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Annual Report of the American Bar Association: Including ..., Volume 27

American Bar Association - Bar associations - 1904 - 980 pages
...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...But, if, after acceptance of the goods. the buyer fail to give notice to the seller of the breach of any promise "or warranty within a reasonable time...
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Proceedings of the ... Annual Conference of Commissioners on ..., Volume 14

Commissioners on Uniform State Laws (U.S.). Conference - Uniform state laws - 1904 - 212 pages
...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...But, if, after acceptance of the goods, the buyer fail to give notice to the seller of the breach of any promise or warranty within a reasonable time...
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