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Lyon Vs. Bertram
Cites for this judgment
- US Supreme Court
- Jan 01, 1857
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U.S. 149 (1857) U.S. Supreme Court Lyon v. BertramSearch
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U.S. 20 How. 149 149 (1857) Lyon v. BertramSearch
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The brand on the exterior of the barrels of flour was certainly not of the substance of the contract. Young v. ColeSearch
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Gompertz v. BartlettSearch
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would have been entitled to recover the amount of difference in the value of that and an inferior brand. Powell v. HortonSearch
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Henshaw v. RobbinsSearch
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But it cannot be admitted that the purchaser was entitled to abandon this contract. In the note to Cutter v. PowellSearch
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It is settled by Street v. BlaySearch
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and Poulton v. LattimoreSearch
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That it was once thought, and, indeed, laid down by Lord Eldon in Curtis v. HanneySearch
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return the chattel, and, if he had paid the price, recover it back. This doctrine, which was opposed to Weston v. DownesSearch
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Doug. 23, is overruled by Street v. BlaySearch
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B. & Adol., and Gompertz v. DentonSearch
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third propositions of this learned author are indisputable, and have received the sanction of this Court. Thornton v. WynnSearch
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Wheat. 183, as modified by Withers v. GreeneSearch
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the right of the purchaser to reject the article because it varies from the warranty, is an open question. In Dawson v. CollinsSearch
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defend himself, altogether, against an action for not accepting it, if the thing be utterly worthless, as in Poulton v. LattimoreSearch
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And this corresponds with the conclusions of this Court in the case of Thornton v. WynnSearch
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and used the article and derived a benefit from it cannot then rescind the contract. This principle is stated in Hunt v. SilkSearch
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In Perley v. BalchSearch
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In Burnett v. StantonSearch
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To the same effect is Christy v. ComminsSearch
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Kase v. JohnSearch
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Watts 107. In Thornton v. WynnSearch
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may not exist. The plea must be an answer to any case which may be legally established under the declaration. Winston v. Trustees'Search
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U.S. Supreme Court Lyon v. BertramSearch
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Young v. ColeSearch
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Powell v. HortonSearch
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Cutter v. PowellSearch
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Street v. BlaySearch
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Curtis v. HanneySearch
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Weston v. DownesSearch
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Court. Thornton v. WynnSearch
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In Dawson v. CollinsSearch
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Poulton v. LattimoreSearch
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of Thornton v. WynnSearch
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Hunt v. SilkSearch
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Christy v. ComminsSearch
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In Thornton v. WynnSearch
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Winston v. Trustees'Search
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