( 112 ) 



CHAPTER V. 



WARRANTY ; SALE AND WARRANTY BY AN AGENT ; AND 

 PATENT DEFECTS. 



Waeeanty. 



Waryantij required in biii/biff a 

 Horse 113 



Warranty of Title id. 



Not implied by Law of England . id. 



Ilmv it may be inferred id. 



Rule of Law 11-1 



Where the Consideration fails .. id. 



3Iode of trying a disputed Title id. 



Reason for requiring a Warranty 115 



Layer should protect himself by 

 one 116 



What constitutes a Warranty . . id. 



Article named in a Sold Note . , id. 



Buyer entitled to Article com- 

 mercially knoicn by the Name. id. 



A Sound Price not tantamount 

 to a Warranty 117 



A General Warranty id. 



A Qualified Warranty id. 



A Limited Warranty id. 



A Special Warranty 118 



A Written Warranty id. 



A Special Agreement id. 



Form of Warranty id. 



Effect of a Written Warranty., id. 



Warranty may be gathered from 

 Letters 119 



The Parties are bound by it alone id. 



It cannot be extended by Lmplica- 

 tion id. 



A Warranty is Several though 

 the Contract be entire id. 



A Warranty applies to the Time 

 of Sale id. 



Warranting a future Event .... 120 



Buying for a particular Purpose id. 



Must be reasonably Jit for the 

 Purpose id. 



A Carriage Horse 121 



Latent undiscoverable Defects , . id. 



Quiet in Harness id. 



Unfitness must be clearly proved. 122 



General Rule id. 



Warrantor'' s Liability 123 



Sale avoided by Fraud id. 



Sale and Waeeanty by an Agent. 



An Agent cannot delegate his 

 Authority 123 



Nor exceed it 124 



Agency determines by PrincipaVs 

 Death id. 



Difference between a remunerated 

 and an unremunerated Agent . id. 



Agent acting ivithout proper Au- 

 thority id. 



His Personal Responsibility .... id. 



Where he cannot be sued on the 

 Contract id. 



But is liable in Damages 125 



Principal answerable for his 

 Fraud id. 



Misrepresentation collateral to 

 the Contract id. 



Damage caused by his Negligence id. 



Undisclosed Principal id. 



Person described as Agent may be 

 proved to be Principal 12G 



Principal cannot be proved to be 

 an Agent 127 



Their respective Rights of Action 

 on a Contract id. 



Warranty by a Servant as Spe- 

 cial Agent id. 



Warranty by a Servant as Gene- 

 ral Agent 128 



Evidence of Usage not to icar- 

 rant 130 



Warranty by a Servant after 

 Sale id. 



Warranty by a Servant forbid to 

 give one id. 



Warranty by a Stranger forbid 

 to give one 131 



Master unwilling to stand by his 

 Servant's Warranty id. 



Rule as to a Servant binding his 

 Master 132 



Warranty by a Person entrusted 

 to deliver id. 



Agent employed to take a War- 

 ranty id. 



Action against a pretended Agent id. 



