Peninsula enterprise. [volume] (Accomac, Va.) 1881-1965, 1885-05-02
The Law Of Warrantics.


A warranty is an agreement that
a thing 10 be sold is of a 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, how
ever will be good if it is paid for.
Ordinary warrants are made in
terms like these: 81 guarantee
that this horse is not lame;;" or,
warrant that this watch will keep
good time; again: "You may de-
pend upon it, that cloth is all WOOL"
When goods are so warranted, the
seller must pay damages they are
not all that he says they are.
A mere expression of opinion, or
Judgment is no warranty. If, FOR
example, the seller Of a dog says he
thinks he is a good, safe animal,
there is no warranty that the dog
will not bite. Simply praising the
goods one. sells us no Warranty
The law allows a man to have q
good opinion of his own property
and the buyer must be on his guard
against "dealers' take" This law
is founded on the old rule Of caveat
emptor let the buyer beware).
1t often happens when trades are
made that written agreements,
called "bllls Of SALE" are made so
that the buyer may have some
thing to show his right to what he
has bought. A written descrip-
ton of the goods in the bill Of sale
is warranty that they are equal
to the description. If the bill of
sale does not contain any, a word
of mouth guaranty is good for moth
ing.
Warranties do not apply to a de-
feet which can be plainly seen, UNI
less the seller warrants the thing
sold to be free from that defect
Suppose a 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 itwhen he bought
the horse.
Some warranties are inferred by
law. When Il man sells goods
there is always IL warranty that lie
owns and has Il right to sell them.
This warranty is made, though
nothing is said about it.
Also, when goods are sold by a
sample there is a warranty that
the whole is equal in quality to the
sample shown. In this case, the
law says that there WAS an agree.
ment between the seller and the
buyer that the sample should rep.
resent all the goods sold.
Manufacturers also warrant that
their products are merchantable.-
This rule, however, is applied to
cases i'll which the buyer selects
his goods, or has IL good chance to
examine them before lie makes a
bargain.
When gooils are bought for a
special purpose, and the seller
knows Of it: he is supposed to war
rant them suitable for that use
For example, the buyer says: 81
wish to purchase a good brush to
use in grooming my horse" The
brush sold to him is warranted to
be good tor stable use.
The law also inters 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. A1ctioneers and sheritfS do
not warrant that they own what
they sell. The law will not infer
this warranty, for everybodyknows
that they sell the property of 9TH
ers. When the seller says that he
is not sure that he owns the prop
erty, there is no warranty. Under
these circumstances the buyer
takes his chances, and must stand
bis loss if there is any.
The seller of Il proinissory note,
however, warrants that the sigma
lures on the note are real, and that
the maker OF the note is b0dnd by
it. Ifit is Il forgery, or if the ma
ier is Il minor, the seller may Ge
sued OH the warranty.
There isl warranty in any case
if the seller refuses to make one
The law never inlers Il warranty it
one has not actually been made