 | John Baron Moyle - 1892 - 296 sider
...answer to the description : otherwise the contract has not been performed. ' If a man offers to buy peas of another, and he sends him beans, he does not perform...contract : but that is not a warranty : there is no warrantg that he should sell him peas, the contract is to sell peas, and if he sell him anything else... | |
 | Walter Charles Alan Ker - 1894 - 436 sider
...contract which a party has engaged to fulfil; as if a man offers to buy peas of another, and he send him beans, he does not perform his contract ; but...him peas, the contract is to sell peas, and if he sell him anything else in their stead, it is a non-performance of it " (f). ... If the sale is of a... | |
 | Frank Newbolt - 1894 - 204 sider
...Abinger said, in Chanter v. Hopkins3 (patent hopper for brewing-copper), " if a man offers to buy peas of another, and he sends him beans, he does not perform his contract . . . the contract is to sell peas, and if he sell him anything else in their stead it is a non-performance... | |
 | James Schouler - 1896 - 830 sider
...non-supply of the thing ordered. To use Lord Abinger's illustration : " If a man offers to buy peas of another, and he sends him beans, he does not perform his contract; there is no warranty that he should sell him peas ; the contract is to sell peas, and if he sells him... | |
 | Abraham Clark Freeman - 1897 - 1044 sider
...noncr.mpliance with a contract which a party has engaged to fulfill; as if a man offers to buy peas of another and he sends him beans, he does not perform...him peas; the contract is to sell peas, and if he sell him anything else in their stead, it is a nonperformance of it." Precisely this principle is recognized... | |
 | 1897 - 930 sider
...noncompliance with a contract which a party has engaged to fulfil, — as, if a man offers to buy peas of another, and he sends him beans, he does not perform...him peas; the contract is to sell peas, and if he sells him anything else in their stead, it is a nonperformance of it." Precisely this principle is... | |
 | Abraham Clark Freeman - 1897 - 1056 sider
...received for his use. SALES— WARRANTY, WHAT IS NOT— BREACH OF CONTRACT.— If a man offers to buy peas of another and he sends him beans, he does not perform his contract; but that Is not a warranty. There U no warranty that he should sell him peas. The contract ii (862) to sell peas, and If he sells him... | |
 | Sir Mackenzie Dalzell Edwin Stewart Chalmers - 1899 - 264 sider
...non-compliance with a contract which a party has engaged to fulfil, as if a man oifers to buy peas of another, and he sends him beans, he does not perform...peas ; the contract is to sell peas, and if he sends him anything else in their stead, it is a non-performance of it." — Per Lord Abinger, in Chanter... | |
 | Floyd Russell Mechem - 1901 - 962 sider
...non-compliance with a contract which a party has engaged to fulfill; as, if a man offers to buy peas of another, and he sends him beans, he does not perform...contract: but that is not a warranty; there is no warranty fasti he should sell him peas; the contract is to sell peas, and if he sell him anything else in their... | |
 | Courtney Stanhope Kenny - 1901 - 574 sider
...principle enunciated by Lord Abinger, in Chanter v. Hopkins', when he says, "If a man offers to buy peas of another, and he sends him beans, he does not perform his contract, but that is not a warrant}' ; there is no warranty that he should sell him peas ; the contract is to sell peas, and if... | |
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... breach of warranty. But it would be better to distinguish such cases as a non-compliance with a contract which a party has engaged to fulfil ; as, if a man offers to buy peas of another, and he sends him beans, he does not perform his contract; but... 
