Add to ORKGBy far the greatest number of sales cases of interest were those involving warranties. Two of the cases show that treating an action for breach of-warranty as a contract action rather than as a tort has important consequences. In C. M. Miller Co. v. Ramey, plaintiff\u27s action on an open account was met by a set-off arising from defendant\u27s expenditures in obtaining the release from condemnation of flour plaintiff had represented had no g6vernment action pending or contemplated against it. Plaintiff urged that defendant\u27s demand sounded in tort (fraud and deceit) and could not be set off against plaintiff\u27s contract claim. At the trial, evidence of each party was substantially undisputed, but judgment was rendered for the full amo...
As might have been expected, the courts have not confined their efforts in updating the law of produ...
In his famous Stanford Law Review article, When Worlds Collide,\u27 Professor Marc Franklin foretold...
The dividing line between contract and tort law has always been a difficult one to draw. The sale of...
Defendant corporation ordered certain boiler burner units through Burke, the selling agent of a boil...
In February, plaintiff sold defendant a cement mixer with, as defendant claimed, an express warranty...
The Uniform Sales Act in section 69(1) and (2) provides that if there is a breach of warranty the bu...
Action for damages for breach of an express warranty. C, at P\u27s request, located a tractor for sa...
American courts, particularly during the last decade, have become increasingly aware of the need for...
In the recent case of Wood v. Advance Rumely Thresher Co., the following relevant facts appeared: th...
I. Introduction II. Products Liability Under Sales Law ... A. Creating Liability in the Seller ... 1...
The ability of the common law to adopt desirable revisions of established legal principles, and yet ...
This Note argues that if a seller and a commercial buyer are in privity, damage to a product resulti...
The purpose of this discussion is to examine implied warranties in order to determine if their appli...
Keller Tailors Trim. Co. v. Burke Rugby, Inc., 308 N. Y. 441, 126 N. E. 2d 551 (1955)
I discuss judicial and legislative attempts to deal with the question of whether a warranty, seen fo...
As might have been expected, the courts have not confined their efforts in updating the law of produ...
In his famous Stanford Law Review article, When Worlds Collide,\u27 Professor Marc Franklin foretold...
The dividing line between contract and tort law has always been a difficult one to draw. The sale of...
Defendant corporation ordered certain boiler burner units through Burke, the selling agent of a boil...
In February, plaintiff sold defendant a cement mixer with, as defendant claimed, an express warranty...
The Uniform Sales Act in section 69(1) and (2) provides that if there is a breach of warranty the bu...
Action for damages for breach of an express warranty. C, at P\u27s request, located a tractor for sa...
American courts, particularly during the last decade, have become increasingly aware of the need for...
In the recent case of Wood v. Advance Rumely Thresher Co., the following relevant facts appeared: th...
I. Introduction II. Products Liability Under Sales Law ... A. Creating Liability in the Seller ... 1...
The ability of the common law to adopt desirable revisions of established legal principles, and yet ...
This Note argues that if a seller and a commercial buyer are in privity, damage to a product resulti...
The purpose of this discussion is to examine implied warranties in order to determine if their appli...
Keller Tailors Trim. Co. v. Burke Rugby, Inc., 308 N. Y. 441, 126 N. E. 2d 551 (1955)
I discuss judicial and legislative attempts to deal with the question of whether a warranty, seen fo...
As might have been expected, the courts have not confined their efforts in updating the law of produ...
In his famous Stanford Law Review article, When Worlds Collide,\u27 Professor Marc Franklin foretold...
The dividing line between contract and tort law has always been a difficult one to draw. The sale of...