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Home > Art, Film & Photography > Delaware Reports Volume 11; Containing Cases Decided in the Supreme Court (Excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware
Delaware Reports Volume 11; Containing Cases Decided in the Supreme Court (Excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware

Delaware Reports Volume 11; Containing Cases Decided in the Supreme Court (Excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware


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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.1891 Excerpt: ... SUPER1OR COURT. SPEING SESSION. 1880. Robebt Lambden v. James W. Hill. A special contract to purchase a specified number of railroad cross-ties of standard quality and dimensions at a stipulated price per tie, afterwards to be delivered, if they are then made, and are capable of being seen and examined by him, is binding on the purchaser, but, if not, then he is not bound to accept them, or any part of them, unless they are standard and merchantable ties worth the price stipulated to be paid for them. Assumpsit for eighteen hundred railroad cross-ties, eight hundred sawed and one thousand hewed, at forty cents each, bargained and sold by the plaintiff to the defendant. The proof was, that the defendant had contracted to buy for the Delaware Railroad Company, from the plaintiff, good white oak cross-ties, both sawed and hewed, of standard quality and dimensions, at that price, to be delivered to him on the line of the railroad; and afterwards, the above-mentioned number of crossties were delivered by him at the place designated, but, as a considerable portion of them were not of the standard quality and dimensions, or merchantable at the price contracted to be paid for them, the defendant offered to receive all that were so, and to pay the stipulated price for them, if the plaintiff would allow him to cull them, which offer he rejected, and the action was brought for the whole amount of them. The counsel for the defendant contended that he contracted to buy them for a special purpose, and of standard quality and dimensions, from which the law would imply that they should be merchantable and suitable for the purpose, and if thev were (29') Lambden v. Hill. not so, then he was not bound to take them, but might rescind the contract, for he was certainly not bou...


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Product Details
  • ISBN-13: 9781153943352
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 226
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 1153943352
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 462 gr


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Delaware Reports Volume 11; Containing Cases Decided in the Supreme Court (Excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware
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