 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....  The Business Law Journal - Page 601925Full view - About this book
 | United States. Court of Claims, Audrey Bernhardt - 1959 - 820 pages
...other legal remedy for breach of any promise or warranty in the contract to sell or the sale. But, if j after acceptance of the goods, the buyer fails to...such breach, the seller shall not be liable therefor. Plaintiff then argues that no timely notice was given by defendant of a breach of the contract and... | |
 | American Bar Association - 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,... | |
 | 1915 - 1136 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...such breach, the seller shall not be liable therefor (PL 1907, p. 329)." In both these sections we have to consider the question of reasonable time as applied... | |
 | 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... | |
 | 1913 - 1288 pages
...other legal remedy for breach of any promise or warranty in the contract to sell or the sale. But, if, after acceptance of the goods, the buyer fails...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... | |
 | 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... | |
 | 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) - 1915 - 794 pages
...130 of the Sales Act (Laws of 1909, chap. 45, as amended in 1911, chap. 571) which provides that " If after acceptance of the goods, the buyer fails...breach, the seller shall not be liable therefor." APPEAL by the defendants from a judgment of the City Court .of the city of New York, entered in favor... | |
 | New York (State). Supreme Court. Appellate Division - 1916 - 1154 pages
...The provision of section 130 of the Personal Property Law, that if after the acceptance of goods a buyer fails to give notice to the seller of the breach...of any promise or warranty within a reasonable time the seller shall not be liable therefor, is a condition precedent and must be pleaded. Hence, a counterclaim... | |
 | Hawaii - 1929 - 458 pages
...other legal remedy for breach of any promise or warranty in the contract to sell or the sale. But, if, after acceptance of the goods, the buyer fails...such breach, the seller shall not be liable therefor. SECTION 50. Buyer is not bound to return goods wrongly delivered. — Unless otherwise agreed, where... | |
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