MANUHE NOT CORRESPONDING WITH WARRANTY. 527 



Rlslc of verulpe in adsenre of express warrnnlij. — Althongli a vendor 

 is informed of the purpose for which a material is required, yet if the 

 vendee insiDects it, its unsoundness or unfitness for the purpose, in tlie 

 absence of any express warranty, is no defence to an action for the full 

 price ; 7;«r GocUurn C.J. {Fitzgerald v. Iveson), 4 H. & N. 412, 28 

 L. J. Exch. 238. 



Damages for selling manure not corresponding ivith warranty. — W., 

 being agent to sell for two distinct principals, H. and defendant, both 

 dealers in manure, contracted with plaintiff to take back manure which 

 as agent for H. he had supplied to plaintiff, on condition that plaintiff 

 would take certain other manure which defendant dealt in instead, and 

 which W. warranted, it being, as the jury found, usual to sell sucli 

 manure with a warranty. Defendant executed the order for the latter 

 manure, and received payment from plaintiff, who was also a dealer 

 in manure, and, as defendant knew, purchased to sell again. Plaintiff 

 having resold the niauui'e to different purchasers, was threatened with an 

 action by one of them for loss sustained by reason of the manure being, 

 as was proved, of an inferior quality, and plaintiff made good the loss, 

 but no complaints were made by the other pui'chasers. It was held, 

 first, that defendant was liable to plaintiff in an action on the warranty 

 given by W. ; secondly, that the difference between the value of the 

 manure supplied and its value if it had been according to the warranty 

 was a correct measure of damages. And semble, that the loss which 

 the plaintiff made good to his vendee was damage naturally arising from 

 defendant's breach of contract, and for which he was liable to the 

 plaintiff ; and that if the two contracts made by W. with plaintiff were 

 to be considered as only one, plaintiff had sufficient interest in it to 

 maintain the action. The jury gave the ordinary measure of damages — 

 i e., difference between the actual value and the value guaranteed {Dingle 

 V. Hare). 



Where warranty not implied. — The sale of an article not by sample, 

 but by a particular description, does not necessarily import a warranty, 

 if all the circumstances show that it was understood as a mere ex- 

 pression of opinion or belief ; and words having a known natural 

 meaning can have a particular meaning attached to them, as prevailing 

 in a certain trade, only by clear evidence, as a matter of fact, of their 

 general use and acceptation in such meaning. The defendant, a corn 

 dealer, sold to the plaintiff, also a corn dealer, barley by sample, which 

 he called " seed barley," but which he had himself just purchased by 

 sample, not having seen the bulk, and, as the plaintiff knew, being 

 ignorant of what sort it was. It turned out to be an inferior kind of 

 barley, and different from ordinary seed barley. There was no evidence 



