 Sale, 94); but the result of the older authorities is, that there is by the law of England no warranty of title in the actual contract of sale, any more than there is of quality. The rule of caveat emptor applies to both; but if the vendor knew that he...  The New International Encyclopæeia - Page 356publié par - 1909Affichage du livre entier - À propos de ce livre
 | Theodore Sedgwick - 1852 - 722 pages
...is one of title. The result of the older English authorities is, that by the law of England there is no warranty of title in the actual contract of sale any more than there is of quality, and so it has recently been held in a case in the Court of Exchequer.! But according to the Roman law,:j:... | |
 | Conway Robinson - 1855 - 884 pages
...87; Rodridgues ads. Habersham, 1 Spears 319. In England, according to the older authorities, there is no warranty of title in the actual contract of sale, any more than there is of quality. The rule of caveat emptor applies to both ; but if the vendor knew that he had no title and concealed... | |
 | Francis Turner - 1866 - 384 pages
...doctrine seems to have been partially adopted by the American Courts. It is, however, now established that there is by the Law of England, no warranty of...actual contract of sale, any more than there is of (a) Story On Bailments, sees. 354, 355, 356. (b) 2 Bl. Com., 451 ; see Reg. v. Bryan, cited post p.... | |
 | Judah Philip Benjamin - 1868 - 748 pages
...has a good title, or has it merely the effect of transferring such title as the vendor has ? * * * The result of the older authorities is, that there...contract of sale, any more than there is of quality. The rule of caveat cmptor applies to both; but if the vendor knew that he had no title, and concealed... | |
 | Herbert Broom - 1874 - 880 pages
...have been partially adopted by the American courts of judicature.2 It is, however, now established that there is " by the law of England, no warranty...contract of sale, any more than there is of quality. The rule of Caveat emptor applies to both ; but if the vendor knew that lie had no title, and concealedv... | |
 | 1884 - 1902 pages
...has the ability to convey. " Mr. Baron PAUKE, as a result of the consideration of all the cases held, "that there is by the law of England no warranty of...contract of sale, any more than there is of quality. The rule of caoeat emptor applies to both." Morley v. Attenborough was the case of the sale of an unredeemed... | |
 | Judah Philip Benjamin - 1881 - 1076 pages
...c. contract. of Lord Wensleydale's opinion Cockburn, 37 UCQB 50-.] title as the vendor has ? . . . . The result of the older authorities is, that there...contract of sale, any more than there is of quality. The rule of caveat emptor applies to both ; but if the vendor knew that he had no title, and concealed... | |
 | Judah Philip Benjamin - 1884 - 646 pages
...vendor has a good title? or has it merely the effect of transferring such title as the vendor has? * * * The result of the older authorities is, that there...contract of sale, any more than there is of quality. The rule of caveat emptor applies to both ; but if the vendor knew that he had no title, and concealed... | |
 | Arthur Biddle - 1884 - 346 pages
...contract that the vendor has the right to dispose of the subject which he sells (Bell on Sales, 94); but the result of the older authorities is that there...title in the actual contract of sale any more than (here is of quality. The rule of caveat emptor applies to both." § 226. It may be, as Baron Parke,... | |
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