 | Isaac 'Espinasse - 1794 - 918 Seiten
...after the fale will alter the nature of ,9' " a contract originally falfe; and if it b^- fiilfe and fraudulent " on the part of the feller, he will be...to the buyer in " damages without either a return of the thing or notice," m For where in an action on the warranty of a mare, fold by Fielder v.Starkthe... | |
 | Tobias Smollett - 1796 - 612 Seiten
...&c. The law is now fettled, that where there has been an exprefs warranty at the time of the fale, the bargain is complete; and if it be fraudulent on...liable to the buyer in damages, without either a return or notice. We mention this, becaufe it does away the old prejudice and error, that the lapfe of a certain... | |
 | 1796 - 616 Seiten
...&c. The law is now fettled, that where there has been an exprefs warranty at the time of the tale, the bargain is complete; and if it be fraudulent on...liable to the buyer in damages, without either a return or notice. We mention this, becaufe it does away the old prejudice and error, that the lapfe of a certain... | |
 | Esq. John Kells - 1797 - 530 Seiten
...elapftd after the fale," will alter the nature of a contract originally falfe, and if it be falfe and fraudulent on the part of the feller, he will be liable to tha buyer in damages, without either a return of the thing or notice. Fitlder v. Starlln. 19 108. A... | |
 | William Marriott - 1801 - 372 Seiten
...•will be a ilrong prefumption againft the buyer, that the horfe at the time of fale had not the de/cd complained of, and will make the proof on his part...to the buyer in> damages, -without either a return or notice. If on account of a horfe warranted found, the buyer {hould fell him again at a lofs, an... | |
 | Samuel Comyn - 1807 - 646 Seiten
...a ftrong prefumptiori againft the buyer that the horfe, at the time of the-fale, had rot the defecl complained of, and will make the proof on his part...liable to the buyer in damages, without either a return or notice. If, on account of a horfe warranted found, the buyer fhould fell him again at a lofs, an... | |
 | Mungo Ponton Brown - 1821 - 656 Seiten
...horse at 4 the time of the sale had not the defect complained of, and will • make the proof upon his part much more difficult. The bargain * is complete, and if it is fraudulent on the part of the seller, lu> ' will be liable to the buyer in damages, without either... | |
 | Samuel March Phillipps - 1822 - 600 Seiten
...be a strong presumption against the buyer, that the horse at the time of the sale had not the defect complained of, and will make the proof on his part much more difficult (3), but it will not destroy his right of action . The question of warranty cannot be tried in an action... | |
 | Samuel March Phillipps - 1823 - 554 Seiten
...a strong presumption against the buyer, that the horse at t!:e time of the sale had not the defect complained of, and will make the proof on his part much more iliflkult.(3) but it will not destroy his right of action. The question of warranty cannot be tried... | |
 | Henry Jeremy - 1825 - 134 Seiten
...will be a strong presumption against the buyer that the horse at the time of sale had not the defect complained of, and will make the proof on his part much more diff,cult. The bargain is complete ; and if it be fraudulent on the part of the seller, he will be... | |
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No length of time elapsed after the sale, will alter the nature of a contract originally false. Neither is notice necessary to be given. Though the not giving notice will be a strong presumption against the buyer, that the horse at the time of the sale... 
