APPENDIX. 167 
- The bargain may be concluded by :— % 
1. Paying for the lot. 
2..Paying something on account. 
3. Shaking hands. 
4. The seller administering a blow with his hand upon the 
open hand of the buyer. . 
5. Any local, if well understood, custom of concluding a 
bargain, 
Conversion of Warranty: 
When an oral warranty is followed by a. written one, as is 
frequently the case, the oral warranty is then legally super- 
ceded by the written one. This is too frequently the cause 
of atrocious deceit : thus, a seller lauds his wares clamor- 
ously, and so effects a sale. He then. gives a written ‘receipt 
and warranty, taking care to limit the warranty to the 
narrowest bounds. The spoken representation has set forth 
the horse as five years old, sound as a bell of brass, quiet as 
a lamb, would rather carry petticoats than eat a feed of 
corn ; up to sixteen stone; never.refused a fence in his life ; 
- looks on six-barred gates and stone walls as nothing at all; 
“and so on. 
The vendor knows quite well. that he can avoid the 
consequences of his superlaudation by simply putting in « 
writing the barest warranty the buyer will take,‘and very 
often confines himself to writing that the horse is warranted 
sound, The lamb may be found to kick and bite ; shudder 
and sweat at the approach of petticoats ; but to.do neither 
at the approach of a feed of corn; to have’no idea of leap- 
_ ing, and indeed to be utterly unlike the animal represented. 
4 
Spoken Warranties. 
An affirmation at the time of sale is a warranty, provided 
that it can be proved to have been so intended. Whether 
or not a warranty is intended, is a question,for a jury to 
