A Treatise Upon Some of the General Principles of the Law Whether of a Legal O
A Treatise Upon Some of the General Principles of the Law Whether of a Legal O
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560.
§ 3. When si)ecial assumpsit lies. In general, except as stated in the preceding section, if there be an open or unperformed special agreement, special assumpsit must be brought thereon. Maynard v. Tidball, 2 Wis. 34; Western v. Sharp, 14 B. Monr. (Ky. ) 177 ; Sherman v. New York Central Railroad Co. , 22 Barb. 239 ; Geer v. Brown, 11 Rich. (S. C. ) 42. See Weiss V. Mauch Chunk, etc. , Railroad Co. , 58 Penn. St. 295; Norris v. Durham, 9 Cow. 151 ; Butterfield v. Seligman, 17 Mich. 95. It ...has been held that where, under an express con- tract, payment is to be made, partly or wholly, by specific articles, the declaration should be special for a failure to deliver such articles. Bradley v. Levy, 5 Wis. 400 ; Bernard v. Dickins, 22 Ark. 351 ; and see Weart v. Hoagland, 2 Zabr. (N. J. ) 518 ; Mitchell V. Gile, 12 N. H. ' 390 ; Fitch v. Casey, 2 Iowa, 301 ; Ho. Rrison v. Luke, 14 M. & W. 138. But see Clark v. Fairchildy 22 Wend. 576. So, there must be a special count to try an express or an implied warranty.
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To quickly assess the difficulty of the text, read a short excerpt:
560.
§ 3. When si)ecial assumpsit lies. In general, except as stated in the preceding section, if there be an open or unperformed special agreement, special assumpsit must be brought thereon. Maynard v. Tidball, 2 Wis. 34; Western v. Sharp, 14 B. Monr. (Ky. ) 177 ; Sherman v. New York Central Railroad Co. , 22 Barb. 239 ; Geer v. Brown, 11 Rich. (S. C. ) 42. See Weiss V. Mauch Chunk, etc. , Railroad Co. , 58 Penn. St. 295; Norris v. Durham, 9 Cow. 151 ; Butterfield v. Seligman, 17 Mich. 95. It ...has been held that where, under an express con- tract, payment is to be made, partly or wholly, by specific articles, the declaration should be special for a failure to deliver such articles. Bradley v. Levy, 5 Wis. 400 ; Bernard v. Dickins, 22 Ark. 351 ; and see Weart v. Hoagland, 2 Zabr. (N. J. ) 518 ; Mitchell V. Gile, 12 N. H. ' 390 ; Fitch v. Casey, 2 Iowa, 301 ; Ho. Rrison v. Luke, 14 M. & W. 138. But see Clark v. Fairchildy 22 Wend. 576. So, there must be a special count to try an express or an implied warranty.
What to read after A Treatise Upon Some of the General Principles of the Law Whether of a Legal O?
You can find similar books in the "Read Also" column, or choose other free books by Wait, William, 1821-1880 to read onlineMoreLess
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