WARRANTY. 119 



the language used at its termination ; but if the contract 

 be in the end reduced to writing, nothing which is not 

 found in the writing can be considered as a part of the 

 contract {n). 



A Warranty may be gathered from Letters which have Warranty 

 passed between the parties. But where it is sought to ™^Z^!^jjr. 

 import a Warranty into a contract for sale contained in Letter. ^^^ 

 Letters, which are ambiguous in their terms, it is competent 

 to the party soaght to be charged to give evidence of all 

 the surrounding facts and circumstances, for the purpose * 

 of showing that a Warranty v»^as not contemplated by the 

 parties (o). 



The Parties are bound by the Written Warranty alone, The Parties 

 unless some Fraud can be shown ; and even if there be a are bound by 

 Eepresentation it does not avail. If a man brings me 

 a Horse, and makes any Eepresentation whatever of his 

 quality and soundness, and afterwards we agree in writing 

 for the purchase of the Horse, that shortens and corrects 

 the Representation ; and whatever terms are not contained 

 in the contract do not bind the seller, and must be struck 

 out of the case (p). 



Upon a contract for the sale of goods with a particular It cannot be 

 express Warranty, the Court will not extend such War- f^tended by 

 ranty by implication, as the Maxim, Expression facit cessare 

 taciturn, applies to such case {q). Thus, if a man sell a 

 Horse, and warrant him to be sound, the vendor knowing 

 at the time that the purchaser wants him for the purpose 

 of carrying a lady, and the Horse, though sound, proves 

 to be unfit for that particular purpose, this would be no 

 breach of Warranty [q) . 



When several Horses are sold at an entire price, and a A Warranty 

 Warranty is given as to all, the contract of sale is entire, ^^^^^^'^l 

 but the AVarranty is several (r). _ contract be 



A Warranty only extends to the state of a particular entire, 

 commodity at the time of sale, unless the Warrantor ex- A Warranty 

 pressly fixes some future period to which he undertakes ^PP^^*^^ „*g *^® 

 to extend it (i). Thus Blackstone says, "A Warranty 

 can only reach to things in being at the time of the War- 

 ranty, and not to things in future ; as that a Horse is 

 sound at the time of buying him, not that he icill be 



(«) Per Abbott, C. J., Kaln v. {q) Dic/:son v. Zizinia, 10 C. B. 



Old, 2 B. & C. 627. 602 ; see also Anthony v. Hahtcad, 



(o) Stttdey V. Bailey, 31 L. J., 37 L. T., N. S. 433. 



Ex. 483. (/■) Sec Story on Sales, 191 ; 



[p) Per Gibbs, J., I'kh'ii/iy v. Symonds v. Carr, 1 Camp. 361. 



Bauson, 4 Taunt. 785. (>) Edoi y . Parlc'inson ,'Dovig.l^2 a.. 



