274 THE ADVENTURES OF A GENTLEMAN 



Fidgeon, the court held that " in every contract for 

 the supply of manufactured goods, there is an 

 implied term that the goods shall be of merchantable 

 character." 



In Gardiner v. Gray, 4 Camp. 144, the plaintiff 

 had purchased twelve bags of "waste silk:" when 

 delivered, they appeared to be of such inferior 

 quality that they were not saleable as waste silk. 

 Lord Ellenborough held that the purchaser had a 

 right to expect a saleable article, answering the 

 description in the contract ; and that without any 

 particular warranty, it is an implied term in every 

 such contract. " Where there is no opportunity of 

 inspecting the commodity, the rule of caveat emptor 

 does not apply. He cannot without a warranty, 

 insist that it shall be of any particular quality of 

 jBneness ; but the intention of both parties must be 

 taken to be, that it shall be saleable in the market 

 under the denomination mentioned in the con- 

 tract." 



In Bridge v. Wain, 1 Starkie, 504, Lord Ellen- 

 borough ruled, that "if goods were sold by the 

 name of ' scarlet cuttings,' and so described in the 

 invoice, an understanding that they were so must be 



