Court of Appeal Wellington
15 September; 16 December 1952
Sir Humphrey O'Leary C J; Northcroft J; Hutchison J; North J
15 September; 16 December 1952
Sir Humphrey O'Leary C J; Northcroft J; Hutchison J; North J
Vendor and Purchaser — Sale of Section with Dwelling — House in course of Erection — Implied Warranty — Sale when House completed — No Implied Warranty but Maxim Caveat Emptor applicable — Sale of Almost-completed House — Acknowledgment by Purchaser in Contract of Sale that he had Inspected Property and Purchased in Reliance on His Own Judgment, and "not upon any representation or warranty made by vendor" — Such Acknowledgment and Disclaimer fatal to any Claim under Warranty (if implied).
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