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Warranty of

purchaser, vendor, dealer, quality, title and contract

WARRANTY (OF. warantie, parantie. from irarantir, guarantir, Varantir, Fr. garantir, to -warrant, from 1)1" iraranf, flagrant, gara»t, war rant, protector). In law, an assurance of a fact coupled with an agreement, expressed or im plied, to indemnify the promisee for all damage he may suffer if the fact prove not to be as rep resented. The term is most commonly applied to assurances in regard to the title (ir quality of goods and chattels, or as to the title of land. A warranty is a collateral agreement, and if broken does not affect the validity of a sale of goods to which it applies, but only gives rise to an action for such damages as may be suffered by reason thereof. In this respect it (Hirer, from a condition in a contract of sale, which if violated will render the contract mill and void at the option of the purchaser. As a valid war ranty can only be given by contract. it requires a consideration, which may, however, be the price of the goods to which it applies. A may be made by express words, or may be im plied from the facts and eircumstanecs of the transaction. By the early common law, a vendor of chattels did not impliedly warrant that he had title, but as most sales were made in market orert, the purchaser was protected. however, by the weight of authority to-day. if the vendor has possession of the goods be is held to war rant that he has title. Where no special agree ment is made as to the quality of personal prop erty sold, and the parties have equal means of ascertaining it, the general rule is to apply the doctrine of eareat emptor (let the purchaser be ware), that is, that there is no implied war ranty of quality. In a number of States. if the purchaser has not the opportunity for inspec tion, but orders the goods relying upon a definite description of their kind and quality by the vendor, the law will imply a warranty that they shall correspond to the description. Where food

is sold by a retail dealer for consumption by the purchaser, to the knowledge of the dealer, the latter is generally held impliedly to warrant that the food is reasonably wholesome and sound. This exception is not recognize ti where goods are sold by a wholesale dealer to an other dealer. Where goods are sold by sample. there is held to be an implied warranty that they will be of the same quality as the sample, but not that. there are no latent defects in the latter. if a pet-son specifically describes goods to be manufactured for him, stating the pose for whieh they are to be used, the manu faeturer impliedly warrants that they will he reasonably suitable for the purpose mentioned. A warranty, to be binding, must he in clear and distinct terms. and relate to some material fact which would influence the purchaser in order ing the goods. Nero general praise or 'puffing' of wares, such as that they are 'stylish,' etc., will not bind the vendor, as it is considered but natural that a dealer should praise his own goods.

In real estate law, the term warranty usually denotes a covenant in a deed or conveyance, to the effect that the vendor warrants and defends the title against any one who may have a su perior claim. For breach of such warranty the vendor is liable in damages to an amount not exceeding the purehase price of the property.

In insurance law, a warranty is a statement or promise as to a material fact relating to the risk, which is inserted in the policy, and which must he strictly true or complied %vitt; or the contract of insurance will he void. It is tinguished Irian a representation, which is mere collateral indueement, and which need be only substantially correct. See SALE; CONTRACT, and the authorities there referred to.