 | George Long - 1821 - 294 sider
...otherwise, an action on the case in the nature of deceit lies against him, to exact damages for this deceit. In contracts for provisions, it is always implied...not, the same remedy may be had. Also, if he that sells any thing warrants that it shall be good, the law annexes a tacit contract to this warranty,... | |
 | Alexander Whellier - 1825 - 836 sider
...and if it prove otherwise, an action on the case lies against him, to exact damages for this deceit. In contracts for provisions, it is always implied...not, the same remedy may be had. Also, if he that sells any thing do upon the sale warrant it to be good, the law annexes a tacit contract to bis warranty,... | |
 | Maryland. Court of Appeals, Thomas Harris, Richard Wordsworth Gill - 1829 - 584 sider
...an action on the case, in the nature of deceit, lies against him to exact damages for this deceit. In contracts for provisions, it is always implied...wholesome, and if they be not, the same remedy may be had." Yet in either of those cases the seller is liable, though ignorant of the defect. But if sued, as directed,... | |
 | Jacob D. Wheeler - 1836 - 624 sider
...the beef to the plaintiff below. And tne court referred to3 Black. Com. 165, where it is stated, that in contracts for provisions, it is always implied, that they are wholesome. The vendor is bound to know, that, in the sale of domestic provisions, .they are sound and, wholesome.... | |
 | John Frederick Archbold - 1838 - 682 sider
...be the case the purchaser may have his remedy by assumpsit or case. Upon a aale of provisions also, it is always implied that they are wholesome ; and if they be not, the buyer may have his remedy by action on the case. But in all other cases of Bales, the warranty as to... | |
 | William Blackstone, John Bethune Bayly - 1840 - 764 sider
...and if it proves otherwise, an action on the case lies against him to exact damages for this deceit In contracts for provisions, it is always implied that they are wholesome ; and if they are not, the same remedy may be had. If upon the sale of any thing, the seller warrants it good, the... | |
 | William Johnson - 1853 - 488 sider
...the plaintiff below. In 3 Black. Com. 165. it is stated as a sound and elementary proposition, that in contracts for provisions, it is always implied that they are wholesome ; and if they are not, case lies to recover damages for the deceit. In the sale of provisions for domestic use, the... | |
 | Conway Robinson - 1855 - 884 sider
...Blackstone, who, after mentioning other instances in which an action on the case lies for deceit, adds, that "in contracts for provisions it is always implied...wholesome, and if they be not, the same remedy may be had." 3 Bl. Com. 264. " It is," says Branson, C. 3., " not perhaps too much to presume that butchers, grocers... | |
 | William Blackstone, George Sharswood - 1860 - 778 sider
...there is an implied contract that they shall be wholesome. 1 Stark. 384. 2 Camp. 391. 3 Camp. 286. contracts for provisions, it is always implied that...it to be good, the law annexes a tacit contract to hie warranty, that if it be not so, he shall make compensation to the buyer ; else it is an injury... | |
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In contracts for provisions, it is always implied that they are wholesome; and if they be not, the same remedy may be had. 
