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" ... performed there is no contract. It is perfectly immaterial for what purpose a warranty is introduced ; but, being inserted, the contract does not exist unless it be literally complied with. Now in the present case. the condition was the sailing of... "
Essays: Upon I. The Law of Evidence. II. New Trials. III. Special Verdicts ... - Page 365
by John Morgan (Barrister-at-law) - 1789
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A Selection of Cases on the Law of Quasi-contracts, Volumes 1-2

William Albert Keener - 1888
...unless it be literally complied with. Now in the present case. the condition was the sailing of the ship with a certain number of men ; which not being complied...The very meaning of a warranty is to preclude all questions whether it has been substantially complied with ; it must be literally so. BULLER, J. It...
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Ruling Cases, Volume 14

Robert Campbell - 1898
...unless it be literally complied with. Now in the present case the condition was the sailing of the ship with a certain number of men ; which not being complied...The very meaning of a warranty is to preclude all questions whether it has been substantially complied with : it must be literally so. BULLF.R, J. ...
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A Selection of Cases on Insurance

Eugene Wambaugh - 1902 - 1197 pages
...it be literally complied with. Now, in the present case, the condition was the sailing of the ship with a certain number of men ; which not being complied...The very meaning of a warranty is to preclude all questions whether it has been substantially compligd with ; it must be literally so. BULLER, J. It...
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The Eclectic Practice of Medicine

William Byrd Powell, Robert Safford Newton - 1911 - 1084 pages
...it be literally complied with. Now, in the present case, the condition was the sailing of the ship with a certain number of men; which not being complied with, the policy is void." Since the court had decided that the distinction between warranties and representations was accompanied...
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Warranties In Marine Insurance

Baris Soyer - 2001 - 496 pages
...(1786) 1 TR 343, where he said: 'Now, in the present case, the condition was the sailing of the ship with a certain number of men; which not being complied with, the policy is void.' Despite the use of the term 'void', by considering the judgment as a whole, it is obvious that what...
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English Common Law in the Age of Mansfield

James Oldham - 2004 - 426 pages
...it is literally complied with. Now in the present case, the condition was, the sailing of the ship with a certain number of men, which not being complied with, the policy is void."6: Further complicating the distincrion between representations and warranties was the fact that...
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A System of the Law of Marine Insurances, with Three Chapters on Bottomry ...

James Allan Park - 2005 - 516 pages
...purpofe a warranty is introduced; but being inferted, the contradi: does not exiil unlefs it is literally complied with. Now in the prefent cafe, the condition was, the failing of the ihip with a certain number of men, which not being complied with, the policy is of no Mr. Juftice Aßhurß....
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