120 



WARRANTY ; SALE AND WARRANTY BY AGENT, ETC. 



Warranting a 

 future Event. 



Buying for a 



particular 



Purpose. 



Must be 

 reasonably fit 

 fur the pur- 

 pose. 



sound two years hence {t). And in a case in the Year 

 Book in the reign of Edward the Fourth, Choke, J., says, 

 "If I sell a Horse and warrant him to travel thirty leagues 

 a day, and he fail to do it, I am not liable to an action of 

 Deceit, for the "Warranty is void, because a person only 

 warrants such a thing as was at the time of "Warranty, and 

 not a thing which is to come " (»). 



There is no doubt, however, that a Future Event may 

 be warranted if there be an express undertaking to that 

 effect [x) ; and it makes no difference whether the War- 

 ranty be made at the time of sale or tjefore sale, so long 

 as the sale is made upon the faith of the Warranty (.?/), 

 For where a seller informed a buyer that one of two 

 Horses he was about to sell him had a Cold, but agreed to 

 deliver both at the end of a fortnight sound and free 

 from blemishes, and at the expiration of that time both 

 Horses were delivered, but one had a Cough and the 

 other a Swelled Leg, which was apparent at the time of 

 sale, the seller brought an action to recover the price, 

 and a verdict was found for the buyer. The Court of 

 Common Pleas refused to disturb it or grant a new trial, 

 as the Warranty did not apply to the time of sale but to 

 a future period (2) . 



On the sale of goods, if the parties agree to the specific 

 chattels, there is no implied Warranty on the part of the 

 seller that the goods shall be fit for the Particular pur- 

 pose {a) for which they are required, but only that they 

 must be merchantable, that is to say, fit for some pur- 

 pose {h). 



If a person sell a commodity for a Particular purpose 

 he must be understood to warrant it reasomiljhj fit and 

 proper for such purpose {c). If a man sells a Horse 

 generally, he warrants no more than that it is a Horse ; 

 the buyer puts no question, and perhaps gets the animal 

 cheaper. But if he asks for a Horse to carry a lady, or 

 a child, or to drive in a particular carriage, he who knows 

 the qualities of the animal and sells, undertakes on every 

 principle of honesty that it is fit for the purpose indicated ; 

 but if it should turn out that the Horse w^as vicious, or 



{t) 3 Bla. Com. 165. 

 (m) Tear Book, 9 Edw. 4, p. 6. 

 \x) Edenx. Parkinson, Doiig. 732a. 

 {y) Fasley v. Freeman, 3 T. R. 59. 

 (s) Liddard v. Kain, 9 Moore, 

 356 ; «S. C. 2 Bing. 183. 



(«) Per Parke, B., Sutton v. Tem- 

 ple, 12 M. & W. 55. 



(/;) Per Best, C. 3.,JonesY. Bright, 

 5 Bing. 544. 



((■) Per Abbott, C. J., Gray v. 

 Cox, 4 B. & C. 115. 



