With that intent. Held not to make a condition, but a confidence and trust. Dyer, 13S6.Ea quae, commendandi causa, in ven- ditionibus dicuntur, si palam appareant,venditorem non obligant. Those things which are said on sales, in the way of commendation,if [the qualities of the thing sold] appear openly, do not bind the seller. Dig. 18, 1, 43, pr.Ea quae dari impossibilia sunt, vel quae in rerum natura non sunt, pro non ad- jet tisbabentur. Those things which are impossible to be given, or which are not in the natureof things, are regarded as not added, [as no part of an agreement.] Dig. 50, 17, 135.Ea quae in cnria nostra rite acta sunt debitae execntioni demandari debent. Co.Litt. 2S9. Those things which are properly transacted in our court ought to be committed to a due execution.Ea quae raro accidunt non temere In agendis negotiis computantur. Those thingswhich rarely happen are not to be taken into account in the transaction of business,without suffieieut reason. Dig. 50, 17, 64.
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