247 



quality that they were not saleable as waste silk. 

 Lord EUenborough held that the purchaser had a 

 right to expect a saleable article, answering the 

 description in the contract ; and that without any 

 particular warranty, it is an implied term in every 

 such contract. " Where there is no opportunity 

 of inspecting the commodity, the rule of caveat 

 emptor does not apply. He cannot without a 

 warranty, insist that it shall be of any particular 

 quality of fineness ; but the intention of both par- 

 ties must be taken to be, that it shall be saleable 

 in the market under the denomination mentioned 

 in the contract." 



In Bridge v. Wain, 1 Starkie, 504, Lord 

 EUenborough ruled, that " if goods were sold by 

 the name of ' scarlet cuttings,' and so described in 

 the invoice, an undertaking that they were so must 

 be inferred ; but to satisfy an allegation that they 

 were warranted to be of any particular quality, 

 proof must be given of such a warranty ; however, 

 a warranty is implied that they were that for which 

 they were sold.'' 



In Shepherd v. Kain, 5 B. and A. 240, a ship 

 had been sold which was described in the adver- 

 tisement for the sale, as "a copper-fastened vessel :" 

 the advertisement also stated, "The vessel with 

 her stores, as she now lies, to be taken with all her 



