WARRANTY. 27 



Coke. ' By the civil law, every person is bound 

 to warrant the thing that he sells or conveys, 

 although there is no express warranty ; but the 

 common law binds him not, unless there be a 

 warranty either in deed or in law, for caveat 

 emptor ; the meaning of which Latin expression 

 is, that the buyer takes the article sold, with all 

 its defects, and must not look to the law for any 

 redress, if its intrinsic worth do not correspond 

 with its outward appearance. It cautions the 

 buyer, therefore, according to the Italian proverb, 

 that he has need of a hundred eyes, but the sel- 

 ler of only one.' " 



'• By the law of England, warranties are 

 divided into express or implied ; the latter, how- 

 ever, differ in no respect from the former, except 

 in the circumstance of proof. The intention to 

 warrant, is collected from the whole tissue of 

 circumstances proved, and as a legitimate deduc- 

 tion from them, like the presumption of any other 

 part not established by direct evidence: while 

 the express warranty is proved by direct and 

 express testimony to the fact itself. To give a 

 single instance : In Jones v. Bowden, it was 

 proved to be the uniform course and habit of 

 dealing in a particular place, if the article were 



