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" Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject... "
The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1 - Page 249
1892 - 272 pages
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Journal of the Institute of Bankers, Volume 12

Institute of Bankers (Great Britain) - 1891 - 840 pages
...buyer a quantity of goods larger than he contracted to sell, the buyer may accept the goods included in the contract and reject the rest, or he may reject...buyer accepts the whole of the goods so delivered lie must pay for them at the contract rate. (3.) Where the seller delivers to the buyer the goods ho...
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Report of the ... Annual Meeting of the American Bar Association, Volume 46

American Bar Association - 1921 - 1066 pages
...description not included in the contract, the huyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject the whole. (4) The provisions of this section are suhject to any usage of trade, special agreement, or course...
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The Canadian Law Times, Volume 41

1921 - 804 pages
...description not included in the contract, the buyer may accept the goods which are in accordance with the contract, and reject the rest, or he may reject the whole. In Moore & Co. v. Landauer & Co.,14 the buyers in a contract for the sale and purchase of tins of canned...
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The Northeastern Reporter, Volume 118

1918 - 1118 pages
...description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject the whole." These sections express the effect of Rommel v. Wingate, 103 Mass. 327; Levy т. Green, 1 E. & E. 969;...
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A Commentary on the Sale of Goods Act, 1893: With Illustrative Cases and ...

Walter Charles Alan Ker - 1894 - 436 pages
...description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject the whole. (4.) The provisions of this section are subject to any usage of trade, special agreement, or course...
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The Sale of Goods Act, 1893: With Notes

Frank Newbolt - 1894 - 204 pages
...description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject the whole. Example 1.. — A. ordered some particular kinds of crockery of B., who sent a smaller quantity, and...
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Notes and Commentaries on the Sale of Goods Act 1893 (56 & 57 Vict. Ch. 71 ...

Richard Brown - 1895 - 448 pages
...than he contracted to sell, the buyer may accept (c) the goods included in the contract and reject w the rest, or he may reject the whole. If the buyer accepts (c) the whole of the goods so delivered he must pay for them at the contract rate. w (3.) Where the...
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A Treatise on the Law of Contracts

Joseph Chitty - 1896 - 906 pages
...description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject the whole (q). (4) The provisions of this section are subject to any usage Usage. of trade, special agreement,...
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Bullen and Leake's Precedents of Pleadings: With Notes and Rules Relating to ...

Edward Bullen, Thomas Joseph Bullen - 1897 - 1210 pages
...description not included in the contract, the buyer may accept the goods which are in accordance with % (Soo Lery v. Green, 27 LJ Q,. B. 111.) For Breach of Warranty on a Sale of Goods by Sample (d]. 1....
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The Sale of Goods Act, 1893: Including the Factors Acts, 1889 & 1890

Sir Mackenzie Dalzell Edwin Stewart Chalmers - 1899 - 264 pages
...buyer a quantity of goods larger than he contracted to sell, the buyer may accept the goods included in the contract and reject the rest, or he may reject...so delivered he must pay for them at the contract rate.8 (3.) Where the seller delivers to the buyer the goods he contracted to sell mixed with goods...
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