The adventures of a gentleman in search of a horse, by Cavent Emptor

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Longman, Rees, Orme, Brown, Green & Longman, 1835

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Page 200 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...
Page 311 - Upon failure of complying with the above Conditions, the Money deposited in part of payment shall be forfeited ; all Lots uncleared within the time aforesaid shall be re-sold by public or private Sale, and the deficiency (if any) attending such re-sale shall be made good by the Defaulter at this Sale.
Page 287 - ... having received what was tendered and delivered as being in accordance with the sample, will he be precluded by the simple receipt from returning the article within a reasonable time for the purpose of examination and comparison. The observations above stated are intended to apply to the purchase of a certain specific chattel, accepted and received by the vendee, and the property in which is completely and entirely vested in him.
Page 283 - ... have a right to recover the difference between the value of a sound horse and one with such defects as existed at the time of the warranty ; or he might return the horse and bring an action to recover the full money paid...
Page 235 - A seller is unquestionably liable to an action of deceit if he fraudulently misrepresent the quality of the thing sold to be other than it is, in some particulars which the buyer has not equal means with himself of knowing, or if he do so in such manner as to induce the buyer to forbear making the inquiries which, for his own security and advantage, he would otherwise have made.
Page 219 - ... due; and if not, one penny to the book-keeper, who shall enter down the price, colour, and marks of the horse, with the names, additions, and abode of the vendee and vendor, the latter being properly attested.
Page 324 - CONDITIONS OF SALE. I. The highest bidder to be the buyer; and if any dispute arise between bidders, the lot so disputed shall be immediately put up again, provided the auctioneer cannot decide the said dispute.
Page 233 - ... knowing it to be of greater value than it is; when the purchaser has bought it he discovers the defect, and sells the estate for less than he gave; why may not an action be brought for the loss upon any principle that will support this action? And yet such an action has never been attempted. Or suppose a person present at the sale of a horse asserts that he was his horse, and that he knows him to be sound and sure-footed, when in fact the horse is neither the one nor the other; according to the...
Page 205 - Where goods are ponderous and incapable of being handed over from one to another, there need not be an actual delivery ; but it may be done by that which is tantamount, such as the delivery of the key of the warehouse in which the goods are lodged, or by delivery of other indicia of property.
Page 225 - ... is an implied term in every such contract. Where there is no opportunity to inspect the commodity, the maxim of caveat emptor does not apply. He cannot without a warranty insist that it shall be of any particular quality or fineness, but the intention of both parties must be taken to be, that it shall be saleable in the market under the denomination mentioned in the contract between them. The purchaser cannot be supposed to buy goods to lay them on a dunghill.

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