28 WARRANTY. 



sea- dam aged, to state that fact on the sale of it; 

 a sale was made without any such statment, and 

 it was therefore held that the article was war- 

 ranted not sea-damaged. This was an implied 

 warranty."* 



" A warranty can only exist as a term and 

 condition of the contract of sale, into the very 

 essence of which it so completely enters, that a 

 breach of it entitles the buyer to treat, if he 

 pleases, the whole contract as a nullity. It con- 

 stitutes part of the inducement or consideration 

 for the purchase. It follows that, for a warranty 

 to be valid, it must exist or be made at the time 

 of the sale ; or at least, that, being agreed to be 

 made before, there should be an understood 



* In Scotland, warranty, or warrandice as it is termed in 

 Scotch law phraseology, is always implied in the contract of 

 sale, (unless, perhaps, excluded by the special practice of 

 particular trades,) and therefore if the seller intend not to 

 wari'ant, this must be expressly stipulated in the contract. 

 The wari-andice thus implied in all contracts of sale extends 

 not only to the soundness of the animal sold, and its being free 

 from vice, but also to its fitness for the special pui'poses for 

 which it has been sold, when that purpose has been specified 

 in the bargain ; and, if two horses have been sold as a pair, 

 even although not for running together in harness, if one 

 of them should prove unsound or unfit, so as to authorize 

 his being returned, the purchaser will be entitled to return 

 both. 



