Court of Appeals 1900 Vol. 73

Court of Appeals 1900 Vol. 73

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ...(fol. 254) that up to July 7th, 1891, " I knew that the J ohns-Pratt Oo. were not making " the east/remel_y tlzin. material that we were wanting. I " wanted the J ohns-Pratt Co. to specially manufacture " for us some e: rt1'cmel_e/ t/tin material." Therefore, as to whether the sheets would be suitable for the use intended was entirely plaintiff's risk. Hatch (of defendant company) was shown Where the vulcabeston troughs were to go, but he was not informed and could not know the particular requirements of insulation in the place, the tightness of winding in the wires, exposure to moisture, liability to heating, &c., but these circumstances affected suitability. The implied warranty that the thing is fit for the purpose intended is "limited to cases where a thing " is ordered for a special purpose, and not applied to " those where a-special tiring is ordered, although this " be intended for a special purpose." Parsons on Contmcts, Vol. 1, p. 586. Prirlcauoc vs. Bmwett, 1 O. B. (N. S.), 613. In this case the action was to recover the price of a patented smoke-consuming valve. The Lord Ohief-J ustice held that "this being the sale of a specific chat"tel, and no fraud being imputed to the seller, the " latter could recover." In Grand Avenue Hotel (0. vs. Wharton, 19 Fed. Rep., 43-45, the U. S. Circuit Court of Appeals (8th Circuit) said: " when a known, described and definite article is ordered of a manufacturer, although it be stated by the purchaser to be required for a particular use, yet if the known, described and definite thing be actually sup plied, there is no implied warranty that it shall answer the particular purpose intended by the...
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Product details

  • Paperback | 296 pages
  • 189 x 246 x 16mm | 531g
  • United States
  • English
  • black & white illustrations
  • 1236940547
  • 9781236940544