WAKHANTY. 123 



relying upon the skill and judgment of the vendor, the 

 vendor is not responsible for their turning out contrary to 

 his expectation. But if the tradesman is informed at the 

 time that the order is given of the purpose for which the 

 article is wanted, and the buyer relies upon the seller's 

 judgment, the seller impliedly warrants that the thing fur- 

 nished shall be reasonably fit and proper for the purpose 

 for which it is required ( 7;) ; and it seems that the liability 

 of the vendor in this latter case is the same, whether he be 

 also the manufacturer of the article or not, and whether 

 the vendee has or has not had an opportunity of inspecting 

 the goods purchased ; provided the defect be one which 

 cannot be discovered on inspection, but only on trial [p). 



In all cases of Warranty as to the quality of the thing Warrantor's 

 sold, as, for instance, where a Horse is warranted sound or l^^tiility. 

 the like, the Warrantor undertakes that it is true at the 

 time of making it ; and the law annexes a tacit contract 

 that if it be otherwise than warranted, the vendor shall 

 make compensation to the buyer (y) ; and the seller will be 

 liable for any latent defect, according to the old law con- 

 cerning Warranties (/•), that is, as Lord Mansfield laid 

 down, for all faults, known or unknown to the seller (s), 

 inconsistent with the Warranty given. 



But where a Horse is sold with a Warranty, any Fraud Sale avoided 

 at the time of sale will avoid the sale, though it is not on -^ ^^aud. 

 any point included in the Warranty {t). A sale, however, 

 is not avoided by some immaterial Representation in the 

 Warranty proving untrue. For Lord Eldon, in delivering 

 Judgment in the ease of an appeal to the House of Lords, 

 held, where a Horse was sold under a Warranty of Sound- 

 ness, but with a misrepresentation as to the place from 

 which he was brought, " that if the Warranty was answered, 

 a misrepresentation as to the place from which the Horse 

 Avas procured would not suffice to set aside the sale" [u). 



SALE AND WARRANTY BY AN AGENT. 



An Agent is always incompetent, without special autho- An Agent 

 rity for that purpose, to appoint another person to act in cannot dele- 



[p) Chit, on Contr., Uth ed. (/■) 2'(»-A-e/iso>i v. Zt-e, 2 East, 321. ^' 



417; BiggcY. Farkinson, 31 L. J., {s) Stuart \. TFilkins, Doug. 19. 



Ex. 301, 303; 3Iallan v. Ilaclloff, {t) Steivard v. Coesvclt, 1 C. & P. 



5 N. R. 54. 23. 



{q) Archbold's N. P. 40; Fiehler (u) Geddcs v. Fennington, 5 Dow, 



V. SlaH-in, 1 H. Bla. 17. 163. 



