14 DELIVERY. 



there arises an implied warranty tliat the seller lias a good 

 title to sell,(«) and a claim for breach of warrandice arises 

 on eviction. (6) Where a full price is paid, the warrandice 

 is implied and is absolute, (c) Where the warrandice is 

 express, it limits the implied warrandice ; and the buyer is 

 entitled to redress on eviction on giving notice of the chal- 

 lenge, and may claim under it such legal expenses as he 

 may in good faith have been put to,(cZ) but he is not 

 entitled to stop the bargain on pretence of want of title or 

 on the mere possibility of a challenge, (e) 



14. Time of Delivery. — The delivery must be made at 

 the time, place, and in the manner specified in the contract, 

 and, in the absence of stipulation, within reasonable time 

 after payment. (/) Thus, where goods were to be delivered 

 " forthwith, and to be paid for within fourteen days from the 

 date of the contract," it was held that the parties intended 

 that they should be delivered at some time within the four- 

 teen days.(^) If there are no indications of a limit of time 

 for delivery, "directly" means "speedily," or "as soon as 

 practicable" — i.e., more expeditiously than within "reason- 

 able time. "(A) " As soon as possible " means without 

 unreasonable delay, regard being had to the ability to de- 

 liver and the orders the seller has already in hand.(i) 

 Again, where shipment of a cargo was to be made " during 

 August next," Lord Shand Avas of opinion that, if a material 

 part was not made during August, the purchaser was entitled 

 to repudiate the contract, (j) If trouble and inconvenience be 



(a) B. Pr. 114 ; Benj. 622 ; § 2 as to vitium realc attaching to stolen horse. 

 (h) Ersk. ii. 3, 25 ; B. Pr. 121. 



(c) Ersk. ii. 3, 29. 



(d) B. Pr. 126 ; Ersk. ii. 3, 20. (Stair and Bankton hold a different opinion, 

 limiting the buyer's right to restitution simply.) 



(e) B. Pr. 114. 

 (/) Benj. 686. 



(;i) Staunton v. Wood, 1851, 16 A. and E., Q.B. 486. 

 (h) Duncan v. Topham, 1849, M. G. and S. 8 C.B. 225. 

 (i) Attwood V. Emery, 1856, 26 L.J., C.P. 73. 

 0') Grieve tO Co. v. Konig, 1880, 7 R. 521. 



