G50 INDEX. 



WAEEANTY AND SALE BY AN AGE'^T—icorMnned). 



Person described as agent may be proved to be principal, 12G. 

 Principal cannot bo proved to be an agent, 127. 

 Their respective riglits of action on a contract, id. 

 Warranty by a servant as special agent, ul. 



When entrusted to sell Horse privatelj', 128. 



When entrusted to sell Horse at a fair, id. 

 Warranty by a servant as generab agent, id. 

 Servant "of Horse-dealer has implied authoritv to warrant, 



id. 

 Illustration of rule, 129. 

 Evidence of custom not to warrant, 130. 

 Warranty by a servant after sale, id. 

 Warranty by a servant forbid to give one, id. 

 Warrant}' by a stranger forbid to give one, 131. 

 Master unwilling to stand by his servant's Warranty, id. 

 Eule as to a servant binding his master, 132. 

 Warranty by a person entrusted to deliver, id. 

 Agent employed to take a Warranty, id. 

 Action against a pretended Agent, id. 

 Proof in Warranty by a servant, 190. 



WAEEANTY DISTINGUISHED FEOM EEPEESENTA- 

 TION. 

 Eepresentation intended as a Warranty, 138. 

 Eecommendation of the seller, id. 

 Affirmation as to value, id. 



Distinction between a Warranty and a Eepresentation, id. 

 Where a Eepresentation amounts to a Warranty, 139. 

 It must form part of the contract, id. 

 And be made pending contract, id. 

 Description of a class of goods, 140. 

 Question to be put to Jury, id. 

 Eule as to Warranty and Eepresentation, id. 

 Mere expression of opinion, 141, 

 Selling according to a pedigree, id. 

 Partly a Warranty and partly a Eepresentation, id. 

 Jury must decide between a Warranty and a Eepresentation, 



l4l. 

 Judgment in BeJin v. Burness, 143. 

 Counterfeit trade marks, 145. 



WAETS, 109. 



WATEE FAECY, 88, 109. 



WAYS. 



Owners of private ways liable for negligence, 31G. 

 Even where injury caused by intervening act of third 

 party, 317. 



WEAK-FOOT, 109. 



WEAVING, 110. 



