Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1884-09-18
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The Law of MalrnntieS.

A warranty is an agreement that q
thing to be sold is of certain quality
or goodness. If this is not true, the
seller must pay what the buyer loses by
the bargain. A warranty made after the
bargain is finished is not binding. 1t,
however, will be good If it is paid for.
Ordinary warranties are made in
terms like these: ! guarantee that
this horse is not lame;p or, Il warrant
that this watch will keep good time !"
again, "You may depend upon it, that
cloth is all wool. When goods are so
warranted, the seller must pay damages
if they are not all that he says they are.
A mere expression of opinion or
judgment is no warranty. If, for ex-
ample. the seller of dog says he thinks
he is good. safe animal, there is no
warranty that the dog will not bite
Simply praisng the goods one sells is
no warranty The law allows man to
and the buyer must be on his guard
against dealers talk This law is
founded on the rule of cdueat emptor
(let the buyer hewarel.
1t often happens when trades are M de
that written agreements, called bills
of sale" are made, so that the buyer
may have something to show his right
to what he has bought. A written de-
scription of the goods in the bill of
sale is a warranty that they are equal
to the description. If the bill of sale
does not contain any, word of mouth
guarantee is good for nothing.
. l. = L. 4. e. u
which can be plainly seen, unless the
seller warrants thing sold to be free
from that defect. Suppose that horse
with only one eye is warranted sound.
This warranty would not cover the lost
eye if the buyer has seen the horse, for
he must have known it when he bought
the horse.
Some warranties are inferred by law.
When man sells goods, there is always
warranty that he owns and has right
to sell them. This warranty is made,
though NOTHING. is said about it.
Also, when goods are sold by sam
pie there is warranty that the whole
is equal in quality to the sample shown.
In this case, the law says that there
was an agreement between the seller
and the buyer that the sample should
represent all the goods sold.
Manufacturers also warrant that their
products are merchantable. This rule,
however, is not applied to cases in
which the buyer selects his goods, OIL
| has a good chance to examine them be-
| fore he makes a bargain.
/ When goods are bought for special
/ purpose, and the seller knows of it, he
| is supposed to warrant them suitable
for that use. For example, the buyer
says, Il wis. purchase good brush
to use in grooming my horse" The
brush sold to him is warranted to be
good for stable use.
The law also infers that dealers in
meat and other articles of food warrant
that what they sell is wholesome
though nothing is said about it at the
time of the sale.
There are some exceptions to this
| rule. Auctioneers and sheriffs do not
warrant that they own what they sell.
The law will not infer this warranty
| for everybody knows that they sell the
property of others When the seller
SAYS that he owns the property, there
is no warranty. Under these circum
stances the buyer takes his chances
and must stand his loss if there is any
The seller of q promissory note, how
ever, warrants that the signatures or
the note are real. and that the maker o
the note is bound by il. fit is for
gerry or the maker is minor, the seller
may be sued on the warranty.
There is no warranty in any case i
the seller refuses to make one. The
law never infers warranty if one has
not actually been made either orally OIL
in writing.