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CHAPTER XVII. 



Warranty and Representation. 



According to law, every affirmation at the time 

 of sale of personal chattels is a warranty, provided 

 such statements have been intended. 



A difficulty sometimes arises as to whether there 

 has been a breach of warranty , or an act of mis- 

 representation. 



The recommendation of the seller must not be 

 regarded as constituting a warranty, but simply his 

 beHef in the value of the goods offered for sale, but 

 upon which he has insufficient knowledge to speak 

 in a positive manner. 



A simple affirmation or assertion by the vendor 

 regarding the value or quality of goods does not 

 constitute warranty, unless made in the terms 

 thereof. 



" In order for a representation to amount to 

 warranty it must be clearly shown not only that such 

 was intended to form part of the contract, but also 

 to have been made pending the contract." And, 



