588 INDEX. 



WARHANTY— continued. 

 a general warranty, 110 

 a qualified warranty, id. 

 a limited warranty, 39, 111 



complaint of breach must be made within time limited, 

 id. 



effect of notice of breach before removal, 112 

 accidental injury, id. 



where performance of condition impossible, id. 

 a special warranty, id. 

 ■a, written warranty, 113 

 a special agreement, id. 

 form of warranty, id. 

 efifect of a written warranty, id. 



warranty may be gathered from letters, id. 



the parties are bound by it alone, 114 



unless fraud is shown, id. 



representation does not avail, id. 

 it cannot be extended by implication, id. 

 a warranty is several though the contract be entire, id. 

 a warranty applies to the time of sale, id. 

 warranting a future event, 114, 115 

 buying for a particular purpose, 115 



must be reasonably fit for the purpose, id. 



a horse to carry a lady, id. 



a carriage horse , id. 



no exception as to latent undiscoverable defects, 116 



quiet in harness, id. 



unfitness must be clearly proved, 117 

 must have existed at time of sale, id. 

 where there is presumption that horse answers warranty, 



id. 

 warrantor's liability, id. 

 sale avoided by fraud, id. 



but not by immaterial representation, id. 

 proof of warranty not contained in the receipt, 179 

 proof of, when to be gathered from letters, id. 



when formally made in writing, id. 

 warranty in a receipt not always conclusive, 180 

 warranty need not have agreement stamp, id. 

 defence to breach of warranty, 185 

 proof of surreptitious warranty, id. 

 And see Beeach or ^A'aerantt. 



WARRANTY AND SALE BY AGENT, 



an agent cannot delegate his authority, 118 



nor exceed it, id. 

 agency determines by principal's death, id. 

 difference between a remunerated and an unremunerated 



agent, id. 

 agent acting without proper authority, id. 

 his personal responsibility, id. 

 where he cannot be sued on the contract, 119 

 but is liable in damages, id. 

 principal answerable for his fraud, id. 



