WARRANTY. 29 



reference at the actual sale to that agreement. 

 As for instance, if, previous to the time of sale, 

 the vender says he ivill warrant the goods, and 

 having named his price, gives the vendee two 

 or three days to consider of it, and the vender 

 then agrees to purchase, the warranty, though 

 only made hypothetically, is tacitly incorporated 

 into the terms of the sale, and is a valid warranty. 



" But a warranty made after the completion 

 of the sale is of no value whatever, being with- 

 out any consideration. 



" From these premises also, coupled with the 

 rule, that where a contract is reduced to writing, 

 the writing is the sole legitimate evidence to 

 prove its terms, we may further deduce, that an 

 oral warranty made previously to a sale by 

 written contract, but not inserted in the instru- 

 ment, will not be valid. Thus in Pickering v. 

 Dowson, Gibbs, C. J., says, ' I hold that if a man 

 brings me a horse, and makes any representation 

 whatever of his quality and soundness, and after- 

 wards we agree in writing for the purchase of 

 the horse, that shortens and corrects the repre- 

 sentations ; and whatever terms are not contained 

 in the contract do not bind the seller, and must 

 be struck out of the case.' " 



