 | William Selwyn - 1817 - 728 halaman
...of a horse to require from the seller a warranty of its soundness ; for if a horse, having a secret malady, is sold without a warranty of soundness, and...to a warranty of soundness ; but it was observed by Groa?, J. in Parkinson v. Lee, 2 East, 322. that when that doctrine carne to be sifted, it was found... | |
 | Francis Buller - 1817 - 684 halaman
...though the horse have a secret malady, if he be sold without a warranty. It was long a prevalent idea that a sound price given for a horse was tantamount to a warranty of soundness, but in the above case Grose, J. observed, that Lord Mansfield had rejected this doctrine as loose and unsatisfactory,... | |
 | Great Britain. Court of Common Pleas - 1818 - 734 halaman
...indeed, a current opinion, that a sound price was per se an implication of warranty. In other words, that a sound price given for a horse was tantamount to a warranty of soundness. But, when this notion came to be judicially examined, it was found to be so loose and unsatisfactory, and... | |
 | Mungo Ponton Brown - 1821 - 656 halaman
...should again be opening the controversy, which existed before * the case in Douglas. Before that time, it was a current opinion « that a sound price given for a horse was tantamount to a war' ranty of soundness ; but when that came to be sifted, it was found ' to be so loose and unsatisfactory... | |
 | South Carolina. Constitutional Court of Appeals, David James McCord - 1822 - 668 halaman
...that before the case in Douglass, (by which I suppose he means the case of Stervart and lVilklus,') it was a current opinion that a sound price given...horse was tantamount to a warranty of soundness, but that when it came to be sifted, it was found to be so loose and unsatisfactory a ground of decision,... | |
 | William Selwyn - 1824 - 768 halaman
...require fiom the seller a warranty of its soundness; for if a horse, having a secret malady, is «old -without a warranty of soundness, and without any...it was a current opinion, that a sound price given tor a horse, was tantamount to a warranty of soundness; but it was observed by Grose, J. in Parkinson... | |
 | Samuel Comyn - 1824 - 680 halaman
...again be opening the controversy, which existed before the case in Douglas. Rtp. 20. Before that time it was a current opinion, that a sound price given for a horse toas tantamount to a warranty of soundness ; but when that came to be sifted, it was found to be so... | |
 | William Selwyn - 1827 - 760 halaman
...of a horse to require from the seller a warranty of its soundness; for if a horse, having a secret malady, is sold without a warranty of soundness, and...observed by Grose, J. in Parkinson v. Lee, 2 East, S22. that when that doctrine came to be sifted, it was found to be so loose and unsatisfactory a ground... | |
 | 1834 - 610 halaman
...this decision in the case of Parkinson v. Lee, (2 East, 320) observes, that before the case in Douglas it was a current opinion that a sound price given for a horse, without any other circumstances which could affect the question, was equivalent to a warranty, but... | |
 | sir George Stephen - 1835 - 360 halaman
...should again be opening the controversy which existed before the case in Douglas." Before that time it was a current opinion that a sound price given...horse was tantamount to a warranty of soundness ; but when that came to be sifted, it was found to be so loose and unsatisfactory a ground of decision, that... | |
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CJ rejected it, and said, that there must either be an express warranty of soundness, or fraud in the seller, in order to maintain the action (7). 
