Cases On the Law of Sales of Goods Selected From Decisions of English And American Courts
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To quickly assess the difficulty of the text, read a short excerpt:
"Bought of J. Barham.
Four pictures. Views in Venice, Canaletto, £160.0.0' Settled by two pictures, £ 50.0.0 And a bill at five months, 1 10.0.0 "J. Barham." £160.0.0 A carver and gilder, who had been employed by the plaintiff to procure original pictures for him, gave evidence of previous repre- sentations by the defendant to him and to the plaintiff, that the pic- tures were genuine ; some doubt, however, was raised as to the ex- pressions actually used. The witness stated that the pictures w...ere in the manner of Canaletti, and, at the time of the sale, appeared to him worth the money. A witness experienced in paintings stated, that he considered the pictures not to be Canaletti's, and valued them at about £8. each ; and some other evidence was given on this point.
For the defendant it was contended that the bill of parcels was not a ;J36 OBLIGATIONS OF SELLER AND BUYER (Ch. 4 warranty, but only an expression of opinion; and Jendwine v. Slade, 2 Esp. N. P. C. 572, was cited. The learned Judge, in summing up, told the jury that the pictures were admitted not to be Canaletti's, and that the only question on the pleadings was, whether the prom- ise was made; and he submitted to their consideration, upon the whole of the evidence, whether the defendant had made a represen- tation as part of his contract, that the pictures were genuine, not using the name of Canaletti as matter of description merely, or as an expression of opinion upon something as to which both parties were to exercise a judgment, but taking upon himself to represent that the pictures were Canaletti's.
What to read after Cases On the Law of Sales of Goods Selected From Decisions of English And American Courts?
You can find similar books in the "Read Also" column, or choose other free books by Frederic Campbell Woodward to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
"Bought of J. Barham.
Four pictures. Views in Venice, Canaletto, £160.0.0' Settled by two pictures, £ 50.0.0 And a bill at five months, 1 10.0.0 "J. Barham." £160.0.0 A carver and gilder, who had been employed by the plaintiff to procure original pictures for him, gave evidence of previous repre- sentations by the defendant to him and to the plaintiff, that the pic- tures were genuine ; some doubt, however, was raised as to the ex- pressions actually used. The witness stated that the pictures w...ere in the manner of Canaletti, and, at the time of the sale, appeared to him worth the money. A witness experienced in paintings stated, that he considered the pictures not to be Canaletti's, and valued them at about £8. each ; and some other evidence was given on this point.
For the defendant it was contended that the bill of parcels was not a ;J36 OBLIGATIONS OF SELLER AND BUYER (Ch. 4 warranty, but only an expression of opinion; and Jendwine v. Slade, 2 Esp. N. P. C. 572, was cited. The learned Judge, in summing up, told the jury that the pictures were admitted not to be Canaletti's, and that the only question on the pleadings was, whether the prom- ise was made; and he submitted to their consideration, upon the whole of the evidence, whether the defendant had made a represen- tation as part of his contract, that the pictures were genuine, not using the name of Canaletti as matter of description merely, or as an expression of opinion upon something as to which both parties were to exercise a judgment, but taking upon himself to represent that the pictures were Canaletti's.
What to read after Cases On the Law of Sales of Goods Selected From Decisions of English And American Courts?
You can find similar books in the "Read Also" column, or choose other free books by Frederic Campbell Woodward to read onlineMoreLess
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