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
Wait, William, 1821-1880
The book A Treatise Upon Some of the General Principles of the Law Whether of a Legal O was written by author Wait, William, 1821-1880 Here you can read free online of A Treatise Upon Some of the General Principles of the Law Whether of a Legal O book, rate and share your impressions in comments. If you don't know what to write, just answer the question: Why is A Treatise Upon Some of the General Principles of the Law Whether of a Legal O a good or bad book?
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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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