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" If a thing be ordered of a manufacturer for a special purpose, and it be supplied and sold for that purpose, there is an implied warranty that it is fit for that purpose. This principle * * * must be limited to •cases where a thing is ordered for a... "
Practice Reports in the Supreme Court and Court of Appeals - Page 20
by Nathan Howard (Jr.) - 1871
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Volume 12

Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - Law reports, digests, etc - 1845 - 930 pages
...is submitted, that under such an agreement, for the demise of a house for the purpose of habitation, there is an implied warranty that it is fit for that purpose, and that the plea contains a good answer to the plaintiff's claim for rent. In the case of the sale...
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The Law of Pleading and Evidence in Civil Actions ..., Volume 2, Part 2

John Simcoe Saunders - Civil procedure - 1851 - 662 pages
...sound, does not refer to age (Budd v. Fairmaner, 8 Bing. 48). Where an article is sold for a particular purpose, there is an implied warranty that it is fit for that purpose, although the vendor is not the maker of it (Brown v. Edgington, 2 M. & G. 279 ; Shepherd v. Pybus,...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 99

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1894 - 758 pages
...an implied warranty of title, where there is a contract of sale of personal property. Again: "If a thing be ordered of the manufacturer for a special...implied warranty that it is fit for that purpose." This principle, however, is limited to cases where a thing is ordered for a special purpose, and cannot...
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The Law of Contracts, Volume 1

Theophilus Parsons - Contracts - 1857 - 936 pages
...such inquiry, and also by a warranty. (MM) If a thing be ordered of the manufacturer for an especial purpose, and it be supplied and sold for that purpose,...implied warranty that it is fit for that purpose, (v) "This prinSpafford, 8 Pick. 250, a leather bag of indigo was sold, which the lull of sale described...
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The Laws of Business for Business Men, in All the States of the Union: With ...

Theophilus Parsons - Commercial law - 1857 - 524 pages
...warranty of title arises. If a thing is ordered of a manufacturer for a special purpose, and is supplied, there is an implied warranty that it is fit for that purpose. In an English case, the defendant was a dealer in ropes, and represented himself to be a manufacturer...
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The Merchants' Magazine and Commercial Review, Volume 49

Commerce - 1863 - 498 pages
...warranty of title arises. If a thing is ordered of a manufacturer for a special purpose, and is supplied, there is an implied warranty that it is fit for that purpose. In an English case, the defendant was a dealer in ropes, and represented himself to be a manufacturer...
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The Law of Contracts, Volume 1

Theophilus Parsons - Consideration (Law) - 1866 - 818 pages
...only when the evidence was itself objectionable, or the usage to be proved was insufficient (z) If a thing be ordered of the manufacturer for a special...that purpose, there is an implied warranty that it is lit for that purpose, (a) This principle properly understood, eeeme to be well supported by principle...
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Laws of Business for All the States of the Union: With Forms and Directions ...

Theophilus Parsons - Commercial law - 1869 - 716 pages
...no implied warranty of title arises. If a thing is ordered for a special purpose, and is supplied, there is an implied warranty that it is fit for that purpose. In one case, the defendant was a dealer in ropes, and represented himself to be a manufacturer of the...
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Volume 4

Law reports, digests, etc - 1877 - 692 pages
...balance to the pledger. Baker v. Arnot et al. 131 If a thing be ordered of a manufacturer for a special purpose, there is an implied warranty that it is fit for that purpose. Ulrieh v. Stohrer. 238 In order to sustain a defence of breach of warranty of title, in an action to...
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A Treatise Upon Some of the General Principles of the Law: Whether ..., Volume 5

William Wait - Actions and defenses - 1878 - 1026 pages
...Johnson v. Titus, 2 Hill, 606. The rule that if an article is ordered for a special purpose and is sold for that purpose, there is an implied warranty that it is fit for that purpose, is held not to apply to cases where a special thing is ordered, although intended for a special purpose....
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