Reports of Cases Argued and Determined in the English Courts of Common Law Volume 73; With Tables of the Cases and Principal Matters
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Reports of Cases Argued and Determined in the English Courts of Common Law Volume 73; With Tables of the Cases and Principal Matters

Reports of Cases Argued and Determined in the English Courts of Common Law Volume 73; With Tables of the Cases and Principal Matters


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1871 Excerpt: ... that paddock, though a wrong quantity be mentioned, the rule "Pratentia corporis tollit errorem nominis; et Veritas nominis tollit errorem demonstrationis," applies. In the present case, if the vendor had shown that the title-deeds produced related to all the property purported to be sold, the purchaser would have been bound to take the quantities stated on the documents of title. But, to make the sixth condition applicable, the other side must assume what they are.bound to prove. maule, J.--Does not this amount to a sale of land "quantity unknown?" The plaintiff sells an acre of land, and he delivers an abstract of title to half an acre; as to the other half acre, there is no abstract of title delivered at all. maule, J.--That supposes a sale of land by measure. Here, the plaintiff sells the property by a certain description. He tells you it consists of a cottage, with stabling, garden, and paddock, in the occupation of Mr. Page; and he further tells you that 'it comprises 1 acre, 2 roods, and 8 perches;" and it turns rnn out to be something less. The objection is not, that the vendor does not give us all we bought: it is, that whereas we contracted to buy 1 acre, 2 roods, and 8 perches, he gives us a title only to 3 roods, 24 perches. jervis, C. J.--That may be all the property really consists of. The vendor does not show that. There is an undefined portion of the land, to which he adduces no title. In Flower v. Hartopp, 6 Beavan, 476, upon a sale of land by auction, one of the conditions provided " that no further evidence of identity was to be required than was afforded by the abstract, or the deeds, instruments, or other documents therein abstracted: " the descriptions in the documents differed among themselves, and from the description in the particula...


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Product Details
  • ISBN-13: 9781150242465
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 360
  • Spine Width: 19 mm
  • Width: 189 mm
  • ISBN-10: 1150242469
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 644 gr


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Reports of Cases Argued and Determined in the English Courts of Common Law Volume 73; With Tables of the Cases and Principal Matters
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