114 



WARRANTY; SALE AND WARRANTY BY AGENT, ETC. 



The parties 

 are bound by 

 it alone. 



It cannot be 

 extended by 

 implication. 



A warranty 

 is several 

 though the 

 contract be 

 entire. 



A warranty 

 applies to the 

 time of sale. 



Warranting a 

 future event. 



The parties are bound by the written warranty alone, 

 unless some fraud can be shown ; and even if there be a 

 representation it does not avail. If a man brings me a 

 horse, and makes any representation whatever of his quality 

 and soundness, and afterwards we agree in writing for the 

 purchase of the horse, that shortens and corrects the repre- 

 sentation ; and whatever terms are not contained in the 

 contract do not bind the seller, and must be struck out of 

 the case (s). 



Upon a contract for the sale of goods with a particular 

 express warranty, the Court will not extend such warranty 

 by implication, as the maxim, expressumfadt ccssare taciturn, 

 applies to such case («). Thus, if a man sell a horse, and 

 warrant him to be sound, the vendor knowing at the time 

 that the purchaser wants him for the purpose of carrying a 

 lady, and the horse, though sound, proves to be unfit for 

 that particular purpose, this would be no breach of 

 warranty (a). 



When several horses are sold at an entire price, and a 

 warranty is given as to all, the contract of sale is entire, 

 but the warranty is several (h). 



A warranty only extends to the state of a particular 

 commodity at the time of sale, unless the warrantor ex- 

 pready fixes some future period to which he undertakes to 

 extend it (c) . Thus Blackstone says, " A warranty can 

 only reach to things in being at the time of the warranty, 

 and not to things in future ; as that a horse is sound at the 

 time of buying him, not that he will be sound two years 

 hence (d). And in a case in the Year Book in the reign of 

 Edward the Fourth, Choke, J., says, " If I sell a horse and 

 warrant him to travel thirty leagues a day, and he fail 

 to do it, I am not liable to an action of deceit, for the 

 warranty is void, because a person only warrants such a 

 thing as wm at the time of warranty, and not a thing 

 which is to come'' (e). 



There is no doubt, however, that a future event may 

 be warranted if there be an express undertaking to that 

 effect (/) ; and it makes no difference whether the war- 



(z) Per Gibbs, J., Fichering v. 

 Dawson, i Taunt. 785. 



(ffi) Dickson v. Zizinia, 10 C. B. 

 602. See also Anthony t. Salstead, 

 37 L. T.,N. S. 433. 



(J) See Story on Sales, 191; Sij- 

 mondsY. Carr, 1 Camp. 361. 



(c) ]lden V. Parkinson, Douo- 

 732 a. 



{d) ■?. Bla. Com. 165. 



(c) Year Book, 9 Edw. 4, p. 6. 



(/) Eden t. Farkinson, Bono-. 

 732 a. 



