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" It is, however, extremely difficult, indeed impossible, to reconcile this doctrine with those cases in which it has been held, that where the property in the specific chattel has passed to the vendee, and the price has been paid, he has no right, upon... "
A Treatise on the Law of Set-off, Recoupment, and Counter Claim - Seite 488
von Thomas Whitney Waterman - 1869 - 731 Seiten
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A Practical Treatise on the Law of Contracts: Not Under Seal; and Upon the ...

Joseph Chitty - 1834 - 850 Seiten
...Curtis v. Hannay, 3 Esp. R. 83, and to Starkie on Evidence, 1st ed. part iv., p. 645.] " It is, however, extremely difficult, indeed impossible, to reconcile...property in the specific chattel has passed to the (n) 9 B. fit C. 369 (a) 2 B. & Ad. 460. vendee, and the price has been paid, he has no right, upon...
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An Abridgment of the Law of Nisi Prius, Band 1

William Selwyn - 1838 - 802 Seiten
...Tenterden delivering the judgment of the court in Street v. Blay, 2 B. & Ad. 461. with these remarks: " It is extremely difficult, indeed impossible, to reconcile...this doctrine with those cases in which it has been holden, that when the property in the specific chattel has passed to the vendee and the price has been...
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The Reports of the Most Learned Sir Edmund Saunders: Late Lord Chief Justice ...

Great Britain. Court of King's Bench, Edmund Saunders - 1845 - 968 Seiten
...Accordingly, in the case of a sale, with a warranty, of a certain specific chattel, where the property has passed to the vendee, and the price has been paid, he has no right, upon breach of the warranty, to return the article and revest the property in the vendor, and recover the...
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A Selection of Leading Cases Upon Commercial Law Decided by the ..., Band 725

1847 - 554 Seiten
...by returning the article, and refuse to pay the price, or recover it back, if paid. It is, however, extremely difficult, indeed impossible, to reconcile...specific chattel has passed to the vendee, and the 24 Thornton <». Wynn. price has been paid, he lias no right upon the breach of the warranty to return...
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A Treatise on the Law of Contracts and Rights and Liabilities Ex ..., Bände 1-2

Charles Greenstreet Addison - 1849 - 686 Seiten
...by any means diminished in value." (0) "It is however impossible," justly observes Lord Tenterden, " to reconcile this doctrine with those cases in which...the property in the vendor, and recover the price as on a consideration which has failed,(/>) but must sue upon the warranty, unless there has been a condition...
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A Practical Treatise on the Law of Contracts Not Under Seal: And Upon the ...

Joseph Chitty - 1855 - 1120 Seiten
...which he stipulated to purchase. There is, indeed, authority for that position (г). It is, however, extremely difficult, indeed impossible, to reconcile this doctrine with those cases in which it has beeii held, that where the property in the specific chattel has passed to the vendee, and the price...
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A Treatise on the Law of Sale of Personal Property: With References to the ...

Judah Philip Benjamin - 1868 - 748 Seiten
...specially put the doctrine on the ground that the property had passed. The language is as follows : "Where the property in the specific chattel has passed...breach of the warranty, to return the article and recent (lie property in the vendor, * * * but must sue upon the warranty unless there has been a condition...
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Notes to Saunders' Reports: By Serjeant Williams, Band 1

John Williams, Sir Edmund Saunders - 1871 - 756 Seiten
...Accordingly, in the case of a sale, with a warranty, of a certain specific chattel, where the property has passed to the vendee, and the price has been paid, he has no right, upon breach of the warranty, to return the article and revest the property in the vendor, and recover the...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Band 46

Georgia. Supreme Court - 1873 - 764 Seiten
...26 Ga., 704; 30 Go., 948; and this is the common law. Lord Tenderden, in 2 B. and Ad., 461, says: " Where the property in the specific chattel has passed...vendee and the price has been paid, he has no right, on the breach of the warranty, to return the article sold, revest the property in the vendor and recover...
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Reports of cases argued and determined in the Supreme court of Nova Scotia ...

Henry Oldright - 1873 - 380 Seiten
...interfered with, the chattel. In the leading case of Street v. Blay, 2 B. & Ad., 462, Lord Tenterden held that where the property in the specific chattel...passed to the vendee, and the price has been paid, the vendee can exercise the right of returning the property, only where there has been a condition...
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