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.... United States Statutes at Large - Page 137by United States - 1962Full view - About this book
| United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 1959 - 820 pages
...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...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... | |
| Law reports, digests, etc - 1922 - 1138 pages
...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...breach, the seller shall not be liable therefor." "Where there is a breach of warranty by the seller, the buyer may, at his election: "(a) Accept or... | |
| 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,... | |
| American Bar Association - Law - 1906 - 474 pages
...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...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... | |
| Law reports, digests, etc - 1915 - 1138 pages
...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...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... | |
| Law reports, digests, etc - 1917 - 1184 pages
...§ 70, that: "If, after acceptance of the goods, the buyer fail to give notice to the seller of tbe breach of any promise or warranty within a reasonable...breach, the seller shall not be liable therefor." This provision is not available to the defendants, because the proof is that the truck was repeateuly... | |
| Law reports, digests, etc - 1913 - 1288 pages
...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...breach, the seller shall not be liable therefor." The contention is narrowed down to the last sentence of the section. Defendant contends that this is... | |
| 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... | |
| Law reports, digests, etc - 1919 - 1076 pages
...provides that — "If, after acceptance of the goods, the buyer falls to give notice to the seller of any breach of any promise or warranty within a reasonable...breach, the seller shall not be liable therefor/' [1, 2] The first conversation between the parties took place 10 days after the goods were received... | |
| New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - Law reports, digests, etc - 1915 - 794 pages
...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...breach, the seller shall not be liable therefor." The following colloquy then took place: "The Court: This is a contract for the sale of goods by sample,... | |
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