 | Illinois. Supreme Court - 1910 - 726 Seiten
...buyer is ignorant and upon which he relies. If he merely states an opinion upon a matter of which .he has no special knowledge and on which the buyer may be expected to have an opinion it is no warranty. Kenner v. Harding, 85 1ll. 264. MUSGRAVE, PLATT &' LEE, for appellee... | |
 | California - 1872 - 728 Seiten
...affirmation was intended as a warranty, " a decisive test is whether the vendor assumes to assert a fact of which the buyer is ignorant, or merely states an...to have an opinion and to exercise his judgment. In tho former case there is a warranty, in the latter not." — Benjamin on Sales, p. 454; Pasley vs.... | |
 | Isaac Grant Thompson - 1879 - 912 Seiten
...whether there was in fact a warranty, the decisive test is, whether the vendor assumes to assert a fact of which the buyer is ignorant, or merely states an...on which the buyer may be expected, also, to have au opinion and to exercise his judgment. In the former case, there is a warranty; in the hitter, not... | |
 | Judah Philip Benjamin - 1881 - 1076 Seiten
...is whether Test for the vendor assumes to assert a fact of which the buyer deciding _ . _ . whether is ignorant, or merely states an opinion or judgment...knowledge, and on which the buyer may be expected also to (A) 1 Lord Raymond, 593 ; Salk. 220. Buck, 3 Vt. 53 ; Hawkins v. Berry, 5 Giltatiou amounts to warruntv.... | |
 | Judah Philip Benjamin - 1884 - 646 Seiten
...PERFORMANCE OF THE CONTRACT. [BOOK IV. 1ОГ QÔwarrant* whether the vendor assumes to assert a fací of which the buyer is ignorant, or merely states an...the buyer may be expected also to have an opinion, ¡ind to exercise his judgment. In the former case there is a warranty, in the latter, not. (f) 6 But... | |
 | Herbert Broom, Herbert Francis Manisty, Charles Francis Cagney - 1884 - 1078 Seiten
...have intended a warranty ; not so if he only gives an opinion or judgment upon a matter of which he has no special knowledge, and on which the buyer may...also to have an opinion and to exercise his judgment (</). A vendor is not fixed with a warranty because he affirms that the thing sold has not a defect,... | |
 | 1913 - 1154 Seiten
...representation of the seller was Intended as a warranty, the test is whether the seller assumes to assert a fact of which the buyer is Ignorant, or merely states an opinion or Judgment upon a matter of which the seller has no special knowledge, and of which the buyer may be expected also to have an opinion, and... | |
 | 1884 - 1002 Seiten
...vendor merely gave his opinion or judgment upon a matter of which he has no special knowledge, aiid on which the buyer may be expected also to have an opinion and to exercise his judgment, it is not a warranty. 3. If there be any doubt upon the evidence whether the seller intended to make... | |
 | 1884 - 1088 Seiten
...merely his opinion or judgment upon a matter of which he had no special knowledge, of which Van Hoesen may be expected also to have an opinion and to exercise his judgment. And this intention is a question of fact for the jury to flnd from the nature of the sale and the circumstances... | |
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In determining whether it was so intended, a decisive test is whether the vendor assumes to assert a fact of which the buyer is ignorant, or merely states an opinion or judgment upon a matter of which the vendor has no special knowledge, and on which... 
