The New Zealand Law Journal: NZLJ., Volume 17Butterworths, 1941 - Law |
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Page 49
... tort and sue on an implied contract for the price of the goods or for money had and received ; but , if he does so , it amounts to a conclusive election to waive the tort , and he cannot afterwards claim to sue in trespass or trover ...
... tort and sue on an implied contract for the price of the goods or for money had and received ; but , if he does so , it amounts to a conclusive election to waive the tort , and he cannot afterwards claim to sue in trespass or trover ...
Page 50
... tort , on a passage from the judgment of Bovill , C.J. , in Smith v . Baker , ( 1873 ) L.R. 8 C.P. 350 , although they noted that while the correctness of the passage had at times been doubted in some cases , they were unable to find ...
... tort , on a passage from the judgment of Bovill , C.J. , in Smith v . Baker , ( 1873 ) L.R. 8 C.P. 350 , although they noted that while the correctness of the passage had at times been doubted in some cases , they were unable to find ...
Page 51
... tort " and brought assumpsit , he did not thereby elect to be treated from that time forward on the basis that no tort had been committed . Indeed , if it were to be understood that no tort had been committed , how could an action in ...
... tort " and brought assumpsit , he did not thereby elect to be treated from that time forward on the basis that no tort had been committed . Indeed , if it were to be understood that no tort had been committed , how could an action in ...
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