592 LEGAL DEPARTMENT. 



the world The statement by the seller of a horse, " that it is sound 

 to the best of my knowledge," is not a warranty; nor bill of sale in 

 which a horse is described, " as considered sound," but the statement 

 that the horse is not lame, accompanied by the statement of the 

 owner, that, " I would not be afraid to warrant him, was held to be 

 enough to establish a warranty. (Quintard v. Newton, 5 Robertson, 

 N. Y. 72.) If the horse is purchased for a particular purpose, and the 

 seller knows of that particular purpose, and declares that the horse is 

 all right, such a statement would amount to a warranty. 



Any affirmation of an existing fact distinctly and positively made in 

 negotiations for trade is deemed a warranty. (Sweet v. Bradley, 24 

 Barb. 549.) 



Any representation of the thing sold, as a direct and express affirma- 

 tion by the vendor of its quality and condition, may amount to a war- 

 ranty. (Chapman v. Murch, 19 Johns. 290.) 



But to constitute a warranty, it is essential that the affirmation at 

 the time of sale should be intended for the party as a warranty, other- 

 wise it is only a matter of opinion. (Sweet v. Colgate, 20 Johns. 196, 

 but see Hawkins v. Pemberton, 51 N. Y. 198.) 



A statement merely descriptive of the quality of the article does not 

 amount to a warranty. (Greenthal v. Schneider, 52 How. Pr. 133.) 



DEFECTS COVERED BY GENERAL WARRANTY. 



•In Vermont a farmer purchased a number of sheep, and the seller 

 warranted the sheep sound and free from footrot; on the next day 

 when the farmer went to pay for them, he discovered they were un- 

 sound, and the seller repeated his statements. It was held that the 

 two interviews constituted one trade and one warranty. Judge Wilson, 

 in deciding the case said: " It seems to me now well settled, that the 

 rule of law which exempts a seller from liability upon a general war- 

 ranty of soundness, where the defect is plainly visible and obvious to 

 the senses, is not a question as to the apparent defect but power to 

 understand the true nature and extent of which requires the aid 

 of skill and judgment, nor is the rule applicable to the case where 

 the seller has resorted to any means of representation in respect to the 

 property intended or naturally calculated to throw the purchaser off 

 his guard and induce him to omit such thorough examination of the 

 condition of the property as he might, and very likely would have 



