 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1913 - 996 pages
...found the authorities on the subject unusually conflicting. In Blackstone's Commentaries it is said that in contracts for provisions it is always implied that they are wholesome, and that if they be not, an action for deceit lies against the vendor. (3 Blackstone 166.) In Chitty on... | |
 | George Long - Sales - 1821 - 294 pages
...otherwise, an action on the case in the nature of deceit lies against him, to exact damages for this deceit. In contracts for provisions, it is always implied that they are wholesome ; and if they be not, the same remedy may be had. Also, if he that sells any thing warrants that it shall be good,... | |
 | Sir William BLACKSTONE, Vincent WANOSTROCHT - Constitutional law - 1823 - 872 pages
...damages, upon the contract which the law always implies, that every transaction is fair and honest. In contracts for provisions it is always implied that they are wholesome ; and, if they be not, the same remedy may be had. Also, if he that selleth any thing doth upon the sale warrant it... | |
 | William Blackstone - Law - 1825 - 568 pages
...and if it proves otherwise, an action on the case lies against him, to exact damages for this deceit. In contracts for provisions, it is always implied that they are wholesome ; and if they be not, the same remedy may be had. Also, if he that selleth any thing doth upon the sale warrant it... | |
 | Alexander Whellier - 1825 - 836 pages
...and if it prove otherwise, an action on the case lies against him, to exact damages for this deceit. In contracts for provisions, it is always implied that they are wholesome ; and if they be not, the same remedy may be had. Also, if he that sells any thing do upon the sale warrant it to... | |
 | Maryland. Court of Appeals, Thomas Harris, Richard Wordsworth Gill - Law reports, digests, etc - 1829 - 584 pages
...an action on the case, in the nature of deceit, lies against him to exact damages for this deceit. In contracts for provisions, it is always implied that they are wholesome, and if they be not, the same remedy may be had." Yet in either of those cases the seller is liable, though ignorant... | |
 | Jacob D. Wheeler - Common law - 1836 - 624 pages
...fact•when he sold the beef to the plaintiff below. And tne court referred to3 Black. Com. 165, where it is stated, that in contracts for provisions, it is always implied, that they are wholesome. The vendor is bound to know, that, in the sale of domestic provisions, .they are sound and, wholesome.... | |
 | William Blackstone, John Bethune Bayly - Law - 1840 - 764 pages
...and if it proves otherwise, an action on the case lies against him to exact damages for this deceit In contracts for provisions, it is always implied that they are wholesome ; and if they are not, the same remedy may be had. If upon the sale of any thing, the seller warrants it good, the law annexes... | |
 | William Johnson - Law reports, digests, etc - 1853 - 488 pages
...beef to the plaintiff below. In 3 Black. Com. 165. it is stated as a sound and elementary proposition, that in contracts for provisions, it is always implied that they are wholesome ; and if they are not, case lies to recover damages for the deceit. In the sale of provisions for domestic use, the vendor... | |
 | Conway Robinson - Actions and defenses - 1855 - 884 pages
...Blackstone, who, after mentioning other instances in which an action on the case lies for deceit, adds, that "in contracts for provisions it is always implied that they are wholesome, and if they be not, the same remedy may be had." 3 Bl. Com. 264. " It is," says Branson, C. 3., " not perhaps too... | |
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