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" Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject... "
The Sale of Goods Act, 1893: With Notes - Page 88
by Frank Newbolt - 1894 - 181 pages
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Acts of the Parliament of South Australia

South Australia - Law - 1896 - 230 pages
...different description or quality not 58C & 59° VICTORIA, No. 630. The Sale of Goods Act— 1895. PART in. included in the contract, the buyer may accept the...accordance with the contract, and reject the rest, 6r he may reject the whole. (4) The provisions of this section are subject to any usage of trade, special...
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Report of the ... Annual Meeting of the American Bar Association, Volume 30

American Bar Association - Law - 1906 - 474 pages
...rate. (3.) Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract,...contract and reject the rest, or he may reject the whole. (4.) The provisions of this section are subject to any usage of trade, special agreement, or course...
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Report of the ... Annual Meeting of the American Bar Association, Volume 46

American Bar Association - Bar associations - 1921 - 1066 pages
...contracted to sell mixed with goods of a different description not included in the contract, the huyer may accept the goods which are in accordance with...contract and reject the rest, or he may reject the whole. (4) The provisions of this section are suhject to any usage of trade, special agreement, or course...
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Journal of the Institute of Bankers, Volume 12

Institute of Bankers (Great Britain) - Banks and banking - 1891 - 840 pages
...buyer a quantity of goods larger than he contracted to sell, the buyer may accept the goods included in the contract and reject the rest, or he may reject the whole. If the buyer accepts the whole of the goods so delivered lie must pay for them at the contract rate....
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The Northeastern Reporter, Volume 118

Law reports, digests, etc - 1918 - 1118 pages
...buyer a quantity of goods larger than he contracted to sell, the buyer may accept the goods included in the contract and reject the rest, or he may reject the whole." "(3) Where the seller delivers to the buyer the goods which he contracted to sell mixed with goods...
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The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1

James Mackintosh - Sales - 1892 - 300 pages
...reject them, but if the buyer accepts the goods so delivered he must pay for them at the contract rate. the contract and reject the rest, or he may reject the whole. If the buyer accepts the whole of the goods so delivered he must pay for them at the contract rate....
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A Commentary on the Sale of Goods Act, 1893: With Illustrative Cases and ...

Walter Charles Alan Ker - Commercial law - 1894 - 436 pages
...rate. (3.) Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract,...contract and reject the rest, or he may reject the whole. (4.) The provisions of this section are subject to any usage of trade, special agreement, or course...
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A Treatise on the Law of Contracts

Joseph Chitty - Contracts - 1896 - 906 pages
...Where the seller delivers to the buyer the goods he con- Mixed, traded to sell mixed with goods of a different description not included in the contract,...contract and reject the rest, or he may reject the whole (q). (4) The provisions of this section are subject to any usage Usage. of trade, special agreement,...
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Bullen and Leake's Precedents of Pleadings: With Notes and Rules Relating to ...

Edward Bullen, Thomas Joseph Bullen - Forms (Law) - 1897 - 1210 pages
...(3), "Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract,...and reject the rest, or he may reject the whole." (Soo Lery v. Green, 27 LJ Q,. B. 111.) For Breach of Warranty on a Sale of Goods by Sample (d]. 1....
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