Handbook of the Law of Sale of Goods

Cover Handbook of the Law of Sale of Goods
Handbook of the Law of Sale of Goods
John Delatre Falconbridge
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Thfe former is an assurance by the grantor that he has the veiy estate in quantity and quality which he purports to convey; the latter is an assurance to the grantee against consequences of a defec- tive title aid of any disturbance thereupon. Thus if the title is defective, the buyer may, under the Sale of Goods Act, reject the goods, but if he has accepted them and is afterwards disturbed, he has his remedy by action for breach of warranty.
25 Halsbury, Laws of England, p. 154, note (n). In t
...he United States the similar section of the Uniform Sales Act contains tie following additional provision : 13. (4) This section shall not, however, be held to render liable a sheriff, auctioneer, mortgagee, or other per- son professing to stll by virtue of authority in fact or law goods in which a tlird person has a legal or equitable in- terest.
56. Sales by description and by sample.
The Sale of Goods Act (Ont. S. 15; U. K. S. 13) provides: 15. Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description, and if the sale is by sample, as well as by description, it is not sufficient that the bulk of the goods .


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