XVI 



TABLE OF CONTENTS. 



Sale and Waeeanxy by an Agent— 



continued. tage 



But is liable in Damages 125 



Principal answerable for his Fraud id. 

 Misrepresentation collateral to tlie 



Contract id. 



Damage caused by his Negligence . id. 



Undisclosed Principal id. 



Person described as Agent may be 



proved to be Principal 126 



Principal cannot be proved to be an 



Agent 127 



Their respective Rights of Action 



on a Contract id. 



Warranty by a Servant as Special 



Agent id. 



Warranty by a Servant as General 



Agent 128 



Evidence of Usage not to warrant . 130 

 Warranty by a Servant after Sale . id. 

 Warranty by a Servant forbid to 



give one id. 



WaiTanty by a Stranger forbid to 



ffive one 131 



Sale and Waeeanty by an Agent — 



continued. PAGE 



Master unwilling to stand by his 



Servant's Warranty 131 



Rule as to a Servant binding his 



Master 132 



Warranty by a Person entmsted to 



deliver id. 



Agent employed to take a Warranty id. 

 Action against a pretended Agent . id. 



Patent Defects. 



Not covei-cd by a Warranty 133 



In what they consist id. 



How far the loss of an Eye is patent id. 



"Bright Eye" 134 



Convexity of Eye id. 



Where the Buyer knows the Defect id. 



Where Defects are discussed id. 



Conclusion to be drawn from the 



Cases 136 



Suspected Defects 137 



Piu-chase without Inspection .... id. 



CHAPTEE VI. 



■SVARR^iJ^TY DISTINGUISHED FEOM EEPEESENTATION. 



Representation intended as a War- 

 ranty 138 



Recommendation of the Seller .... id. 



Affirmation as to Value id. 



Distinction between a Warranty 

 and a Representation , id. 



Wliero a Representation amounts 

 to a Warranty 139 



Question to be put to the Jury .... 140 



Rule as to Warranty and Repre- 

 sentation 141 



Mere Expression of Opinion 141 



Selling according to Pedigree .... id. 



Partly a Warranty and partly a 



Representation id. 



The Jiuy must decide between a 



Warranty and Representation . . 142 



rercival v. Oldacre 143 



Judgment in Behn v. Btirncss .... id. 



Counterfeit Trade Marks , 14-3 



CHAPTER VII. 



FRAUDULENT CONTRACTS. 



Where the Law does not interfere . . 146 



Where several Persons combine to 

 cheat 1;17 



Conspiracy to cheat Indictable id. 



There must be Evidence of Concert . . id. 



What Evidence has been held Insuffi- 

 cient id- 



Conspiring to obtain Money by False 

 Pretences 148 



Conspiring to induce a Creditor to 

 forego his Claim 148 



Where only one Person cheats, an 

 Action lies id, 



ChancMor v. Lopus id. 



Remarks on that Case 149 



Form of Action id. 



Foundation of the Action 150 



In what Fraud consists id. 



