INDEX. 649 



'SVA'RRA.'NTY—iconimued). 



Effect of a written "Warranty, 118. 



Warranty may be gathered from Letters, 119. 



The Parties arc bound by it alone, id. 



Unless fraud is shown, id. 



Eepresentation does not avail, id. 



It cannot be extended by implication, 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 fit for the purpose, id, 



A Horse to carry a Lady, id. 



A carriage Horse, 121. 



No exception as to latent undiscoverable defects, id. 



Quiet in harness, id. 



Unfitness must be clearly proved, 122. 



Must have existed at time of Sale, id. 



"Where there is presumption that Horse answers Warranty, 



id. 

 General rule, id. 

 Warrantor's liability, 123. 

 Sale avoided by fraud, id. 

 But not by immaterial representation, id. 

 Proof of Warranty not contained in the Eeceipt, 189. 

 Proof of, when to be gathered from Letters, id. 



"When formally made in writing, id. 

 Warranty in a Eeceipt not always conclusive, id. 

 Warranty need not have Agreement Stamp, id. 

 Defence to breach of Warranty, 195. 

 Proof of surreptitious Warranty, id. 



Condition annexed to, when it should be specially pleaded, 

 196. 



And see Breach of Warranty. 



WAEEANTY AND SALE BY AN AGENT. 



An agent cannot delegate his authority, 123. 



Nor exceed it, 124. 

 Agency determines by principal's death, id. 

 Difference between a remunerated and an unremunerated 



Agent, id. 

 Agent acting without proper authority, 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. 



Servant putting up glandered Horse in stable of another, id. 

 Undisclosed principal, id. 



"Where vendor does not know that there is a principal, id. 



Alteration of account between principal and agent, 126. 



"Where vendor knows name of principal, id. 



"Vendor's election, id. 



Where vendor does not know name of principal, id. 



0. u u 



