 | United States. Court of Claims, Audrey Bernhardt - 1959 - 820 pages
...Section 49 of the Uniform Sales Act, upon which plaintiff relies, provides as follows : In the absence of express or implied agreement of the parties, acceptance...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... | |
 | 1922 - 956 pages
...(4 Comp. St. 1910, p. 4658) expressly enacts that, in the absence of express or implied agreement, acceptance of the goods by the buyer shall not discharge...breach of any promise or warranty in the contract. The offer of the defendant must, we think, be taken to mean that it was an offer to prove that the... | |
 | 1913 - 1288 pages
...Law (Laws 1911, c. 571), which reads: "Acceptance Does Not Bar Action For Damages. — In the absence of express or implied agreement of the parties, acceptance...But, if, after acceptance of the goods, the buyer fails to give notice to the seller of the breach of any promise or warranty within a reasonable time... | |
 | 1914 - 1290 pages
...of the fixtures, if there was an acceptance, would not preclude the buyer from a remedy for damages "for breach of any promise or warranty in the contract to sell or the sale." See, also, section 150 of the statute. I think it is plain that there was a question for the jury whether... | |
 | 1920 - 1070 pages
...4 sacks examined by plaintiff; and as under section 130 of the statute acceptance of the goods did not discharge the seller from liability in damages, or other legal remedy of the plaintiff for the breach, the only question for determination was whether the plaintiff, within... | |
 | 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) - 1915 - 794 pages
...Court, Appellate Term, May, lltlo. [Vol. 90. of the Sales Law, which reads as follows : "In the absence of express or implied agreement of the parties, acceptance...sale. But if, after acceptance of the goods, the buyer fails to give notice to the seller of the breach of any promise or warranty within a reasonable time... | |
 | 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) - 1918 - 832 pages
...(Sales Act). Section 130 reads as follows: " Acceptance does not bar action for damages. In the absence of express or implied agreement of the parties, acceptance...or other legal remedy for breach of any promise or Appellate Term, First Department, March, 1918. [Vol. 102. warranty in the contract to sell or the sale.... | |
 | New York (State). Supreme Court. Appellate Division - 1916 - 1154 pages
...571) has, however, extended the rights of purchasers, and it is there provided that "in the absence of express or implied agreement of the parties, acceptance...or warranty in the contract to sell or the sale." This places the warranty, whether express or implied, upon the same foundation, but as a condition... | |
 | 1926 - 496 pages
...goods were defective. Section 49 of the Sales Act of 1915 (PL 557) provides that, "In the absence of an express or implied agreement of the parties, acceptance...sale. But if, after acceptance of the goods, the buyer fails to give notice to the seller of the breach of any promise or warranty, within a reasonable time... | |
 | Connecticut - 1907 - 404 pages
...seller that he has rejected ^hem. SEC. 49. Acceptance does not Bar Action for Damages. In the absence of express or implied agreement of the parties, acceptance...any promise or warranty in the contract to sell or in the sale; but if, after acceptance of the goods, the buyer fails to give notice to the seller of... | |
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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.... 
