S2 imnsr. \vvuk.vm y. 



ovory ono, and doforts wliich it requires skill to 



diseeni. In the former case a warranty or de- 



seription will be of no use against Bueli defects, 



and will not be held to inelude them ; whereas, in 



the latter case — that is, where skill is required to 



discern and pick out the defects — a warranty 



woidd include such defects, and would secure the 



purchaser against any loss arising from them. 



If article The most marked of these cases is Ti/o v. Fipi- 



bu>"r no? more (A). There, on a sale of " fair merchantable 



i>ouml to sassafras wood," the purchaser refused to take the 



USl- Ills ^ 



skill. article, alleging that these words meant in the 



trade the roots of the sassafras tree, but that the 

 article tendered to him by the jilaintiff was wood — 

 part of the timber of tlie sassafras tree — not worth 

 more than one-sixth as much as the roots. In 

 answer to this it was proved that a specimen of 

 the irood rejected by the buyer was exliibited to 

 him before the sale, and it was also sliown that ho 

 was a druggist well skilled in the article, and 

 therefore bound to know wliat lie was buying, 

 but Lord EUonborougli said: — "Tlio question is 

 whether it was in the understanding of the trade 

 ' fair merchantable sassafras wood,' whidi it is 

 clearly proved not to liave been. It is immaterial 

 tliat tlio defendant is a druggist, and skilled in 

 the nature of medicinal woods, lie iras not boiiinf 

 to exercise /lis ski//, liariiifj an express uiu/er/nkitHi 

 from ilie rcudor as /o the qua/it tj of the eommodityy 



[k) 3 QnmY. iG2. 



