WARRANTY. 31 



that he would and did warrant. So when the 

 seller aflSrms that the goods are his property, he 

 is held to warrant the title. And, on the other 

 hand, when at the time of sale the seller showed 

 the huyer a written pedigree, which he had 

 received from the person of whom he bought the 

 horse, and said he sold him according to that 

 pedigree, the mark being out of his mouth when 

 he bought him, and the pedigree was proved to 

 be false ; it was held that this was no warranty. 

 No general rule, therefore, can be laid down on 

 the present head, further than this — that it is 

 from the intention of the parties, as collected from 

 the whole transaction, and from the meaning 

 they appear to afford to particular expressions, 

 that the existence or non-existence of a warranty 

 is to be inferred. 



" But the most important part of our investi- 

 gation relates to the extent of the warranty. We 

 must here observe, in the first place, that although 

 a warranty may be made to extend to temper, 

 freedom from blemish, age, aptitude for parti- 

 cular work, and many other similar qualities, as 

 well as to soundness ; yet unless expressly so 

 extended, it will be construed to apply to sound- 

 ness alone. Thus, when an ambiguity arose from 



