268 THE ADVENTURES OF A GENTLEMAN 



caveat emptor: that is, the law will not hold the 

 seller answerable for the goodness or soundness of 

 the article sold, unless he expressly warrants it to be 

 good or sound. And by the general rule, such war- 

 ranty cannot be implied from the mere circumstances 

 under which the sale took place ; such as the amount 

 of the price paid, &c. There are some cases, never- 

 theless, in which a warranty will be implied with 

 respect to the quality of the article ; and it may be 

 laid down in general, that where an article is asked 

 for, to answer a particular purpose, its fitness for 

 that purpose being left entirely to the judgment of 

 the seller, the seller i7n'pliedly warrants that it is fit 

 for that purpose ; more particularly, if the case be 

 such, that the buyer has not had an opportunity of 

 judging for himself with respect to the sufficiency of 

 the article sold. Thus, in Bluett v. Osborne, 1 

 Starkie, 384; it will be noticed that though fraud 

 formed no part of the case, yet Lord Ellenbo- 

 rough's opinion was decidedly expressed, and in the 

 ensuing term, the court refused a rule nisi for a new 

 trial. 



Bluett V. Osborne, 1 Starkie, 38-i. — ''A sells to B 

 a bowsprit, which, at the time of sale appears to be 



