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" Thirdly, where a known described and defined article is ordered of a manufacturer, although it is stated to be required by the purchaser for a particular purpose, still if the known, described, and defined thing be actually supplied, there is no warranty... "
Reports of Cases Argued and Determined in the Supreme Court of the State of ... - Page 120
by Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1894
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 242

Illinois. Supreme Court - Law reports, digests, etc - 1910 - 726 pages
...rule where known, described and definite article is ordered. Where a known, described and definite article is ordered of a manufacturer, although it...required by the purchaser for a particular purpose, if the known, described and definite article ordered is actually supplied there is no implied warranty...
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A Treatise on the Law of Fraud and Mistake as Administered in Courts of Equity

William Williamson Kerr - Fraud - 1868 - 498 pages
...of which is capable of being ascertained by either party, there is no implied warranty (6). " 3rdly. Where a known described and defined article is ordered...answer the particular purpose intended by the buyer (c). " 4thly. Where a manufacturer or dealer contracts to supply an article which he manufactures or...
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A Treatise on the Law of Sale of Personal Property: With References to the ...

Judah Philip Benjamin - Sales - 1868 - 748 pages
...ascertained by either party, there is no implied warranty. Barr r. Gibson, 3 M. & N. 390. Thirdly.— Where a known, described, and defined article is ordered...purchaser for a particular purpose, still, if the known, denned, and described thing be actually supplied, there is no warranty that it shall answer the particular...
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Albany Law Journal, Volume 34

Law - 1887 - 542 pages
...said : " The law ia well settled that when a known, described and defined article is ordered, even of a manufacturer, although it is stated to be required by the purchaser for a particular purpose, and if the known, described and defined thing be actually supplied, there is no implied warranty that...
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Albany Law Journal, Volume 31

Law - 1885 - 544 pages
...an extended review of the authorities, classified the cases on the subject, aud one class is where a defined article is ordered of a manufacturer, although It is stated to be required for a designated purpose, if the thing ordered be furnished, there is no warranty that it shall answer...
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Reports of Cases Argued and Determined in the Court of Queen's Bench: And ...

Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - Law reports, digests, etc - 1870 - 1102 pages
...capable of being ascertained by either party, there is no implied warranty ; Barr v. Gibson (6). Thirdly. Where a known described and defined article is ordered...answer the particular purpose intended by the buyer; Chanter v. Hopkins (c), Ollivanl v. Bayley (d). Fourthly. Where a manufacturer or a dealer contracts...
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The Indian Contract Act, No. IX of 1872: Together with an Introduction and ...

India - Contracts - 1878 - 710 pages
...will answer his purpose, and if he is disappointed he has only himself to blame for it. Therefore, " where a known, described and defined article is ordered...particular purpose, still, if the known, described and denned thing be actually supplied, there is no warranty that it shall answer the particular purpose...
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A Treatise on the Law of Warranties and Representations Upon the Sale of ...

Thomas William Saunders - Sales - 1874 - 238 pages
...Oox, 4 B. & C. 108.) The rule established by the above cases is subject to the apparent exception that where a known described and defined article is ordered...that it shall answer the particular purpose intended : . (Jones v. Just, L. Eep. 8 QB 202.) Thus, in Chanter v. Hopkins (4 M. & W. 399), the defendant sent...
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A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - Legal maxims - 1874 - 880 pages
...ascertained by either party, there it no implied warranty.3 3dly. — Where a known described and definite article is ordered of a manufacturer, although it...shall answer the particular purpose intended by the buyer.1 *4thly. — Where a manufacturer or a dealer contracts to supply an article which he manufactures...
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Commentaries on the Laws of England, Volume 2

Herbert Broom, Edward Alfred Hadley - Law - 1875 - 858 pages
...capable of being ascertained by either party, there is no implied warranty as to quality (q). 3rdly. 1 & 2 Will. 4, c. 58 ; 1 & 2 Viet. c. 45 ; (m) Ante, p. 33. 8 Viet. c. 96 ; 9 & 10 stated to be required by the purchaser for a particular purpose, still, if the known, described, and...
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