116 



WARRANTY ; SALE AND WARRANTY BY AGENT, ETC. 



Buyer should 

 protect him- 

 self by one. 



What con- 

 stitutes a 

 Warranty. 



Article named 

 inaSoldNote. 



Buyer entitled 

 to article com- 

 mercially 

 known by the 

 name. 



If a buyer, however, means to protects himself from 

 hidden defects, he must take a Warranty, and he is not 

 protected otherwise, unless he can make out fraud [t) . 



It is much better both for the buyer and seller when 

 the latter states whether he professes to warrant or not ; 

 because where nothing has been said on that point, a con- 

 siderable degree of doubt must frecjuently rest upon the 

 case and then it is only by interpreting the expressions 

 used at the time of sale that even an opinion can be 

 formed as to whether a Warranty were ever intended. 

 No particular words are necessary to constitute a War- 

 ranty ; if a man says, " This Horse is sound," that is a 

 Warranty {u) ; and it is not necessary that the seller 

 should say, " I warrant ;" it is sufficient if he says that 

 the article is of a particular quality or is fit for a parti- 

 cular purpose (r). The general Rule laid down by Mr. 

 Justice Bayley is, that whatever the vendor represents at 

 the time of sale is a Warranty {cc). Therefore if a person 

 at the time of sale say, " You may depend upon it the 

 Horse is perfectly quiet and free from Vice," it is a 

 Warranty (//) . 



If an article sold is described, the description amounts 

 to a Warranty or a condition precedent that it shall be an 

 article of the kind described (s) . 



Words, however, of expectation and estimate only do 

 not amount to a Warranty (a). 



So it was held that a Sold Note amounted to a War- 

 ranty that the article delivered should be as named in the 

 note, the contract being a sale of a certain known article 

 of commerce {b). 



And w^hen goods are sold under a certain denomination, 

 the buyer is entitled to have such goods delivered to him 

 as are commercially known under this denomination, 

 though he may have bought after inspection of the bulk, 

 and without Warranty (c). 



{t) Ormrod v. Euth, 14 M. & W. 

 661. 



[u) Per Best, C. J., Salmon v. 

 Ward, 2 C. &P. 211. 



(i) Per Best, C. J., Jones v. 

 Brigld, 3 M. & P. 173. See also 

 RandaU v. Kcwson, L. R., 2 Q. B. 

 D. 102; 46 L. J., Q. B. 259; 36 

 L. T., N. S. 164 ; 25 W. R. 313— 

 C. A. 



{x) Wood V. Smith, 4 C. & P. 45. 



(y) Cave v. Cnhtun), 3 M. & R. 2. 



[z) Bowes V. Shand, L. R., 2 App. 

 Cas. 455; 46 L. J., Q. B. 561. 



(a) JiPConnel v. Murphy, L. R., 

 5 P. C. 203; 28 L. T., N. S. 713. 



(i) Henderson v. Blahe, Q. B. 

 1852; 3M. Dig. 326. 



(f) Joslinq V. Kingsford, 32 L. J., 

 C. P. 94. See also AUen v. Lahe, 

 18 Q. B. 560 ; Wieler v. Schilizzi, 

 17 C. B. 619; Carter v. Crick, 28 

 L. J., Ex. 238. 



