Page:The American Cyclopædia (1879) Volume XVI.djvu/479

 WARRANTY WARREN 459 portunity for examination. Indeed, it seems to be agreed that the rule of caveat emptor necessarily implies one exception ; for the law would not require him to " beware " who can- not comply with the demand. If then a seller, having certain knowledge exclusively, sells wider circumstances indicating not only that the buyer trusted to his representations, but was compelled to trust to them, these repre- sentations would have the effect of warranty. There has sometimes been a disposition to hold that " a sound price implies a sound quality," and therefore that all goods fairly bought for a market are warranted by the seller as fit for the market. But this, which is the rule of the Roman civil law, seems now not to be law in any of our states excepting perhaps South Caro- lina and Louisiana. If an article is sold, how- ever, not for general use or for a market, but for a specific purpose distinctly made known to the seller, he is held to warrant it to be fit for that purpose. But this rule does not apply where a specific article is bought merely in the belief that it will effect a certain purpose. Where goods are sold by sample, there is, by the prevailing rule, an implied warranty that the goods shall be equal to the sample ; but if they are as good as the sample, this is enough, although the sample had a latent defect, unless the seller knew of this defect and purposely concealed it. No warranty can be implied from circumstances, where there is an express refusal to warrant. But this rule is never per- mitted to cover actual fraud. Thus ships are frequently sold by auction, " as they are," or " with all faults." This is an exclusion of warranty; but if the seller knows of faults which are not obvious, and does or says any- thing to conceal them or draw the attention of the buyer away from them (as where a ship had her bottom worm-eaten and her keel bro- ken, and the seller took her from the ways and kept her afloat where the defects could not be seen), it would be held that the sale would be invalidated by the fraud, although there was no warranty. If the contract of sale is in writing, and there be no fraud, evi- dence is not admissible to show that there was a parol warranty outside of the contract, nor can a written warranty be enlarged or varied by parol. A mere receipted bill of parcels, however, is not looked upon as a contract of sale, and- does not exclude parol evidence of a contemporaneous warranty. Whatever may be the law as to implied warranties, it seems to be agreed that it has no application what- ever to the sale pr lease of real estate. From the numerous cases on this s-ubiect, it seems difficult to draw any other rule, than that in a deed of sale, or a lease of land or of a house or store, there is no warranty other than that or those which the instrument contains ; none, for example, that the premises are fit for ^the purpose of habitation, occupation, or cultiva- tion, or are adapted for the particular purpose for which they are bought or hired. In prac- tice, the question what is a breach of warranty arises under the sale of horses " warranted sound," more frequently than elsewhere. Any defect impairing the animal for present service, or which in its ordinary and natural progress must do so, is generally deemed unsoundness ; but a habit or propensity like crib-biting is not, though it would probably be covered by a war- ranty against any unsoundness or vice. WARREN, the name of 14 counties in the United States. I. A N. E. county of New York, partly bounded E. by Lake George, in- tersected and partly bounded S. and W. by the Hudson river, and drained by Schroon river ; area, 912 sq. m. ; pop. in 1870, 22,592 ; in 1875, 23,295. The surface is mountainous, and only about one third of the county is suscep- tible of cultivation. There is an abundance of iron ore, and limestone, marl, and graphite are found. The Adirondack railroad and the Glens Falls branch of the Rensselaer and Saratoga railroad traverse it. The chief productions in 1870 were 5,966 bushels of wheat, 14,365 of rye, 92,322 of Indian corn, 127,261 of oats, 55,142 of buckwheat, 275,701 of potatoes, 533,467 Ibs. of butter, 78,653 of wool, 26,245 of cheese, and 34,610 tons of hay. There were 3,158 horses, 5,944 milch cows, 5,551 other cattle, 20,333 sheep, and 2,166 swine ; 1 manu- factory of boots and shoes, 4 of lime, 1 of paper, 13 tanneries, 2 currying establishments, 1 flour mill, 21 saw mills, and 1 paper mill. Capital, Lake George (town of Caldwell). II. A N. W. county of New Jersey, bounded W. by Delaware river, separating it from Penn- sylvania, and S. E. by the Musconetcong, and intersected by the Paulinskill and Puquest; area, about 550 sq. m. ; pop. in 1870, 34,336. The surface in parts is mountainous. The ele- vated portions are well adapted to pasturage, and the soil of the valleys is fertile. Iron ore, zinc, manganese, inarble, soapstone, and roofing slate are found. It is traversed by the Morris canal and by the New Jersey Central, the Bel- videre Delaware, the Morris and Essex, and the Delaware, Lackawanna, and Western rail- roads. The chief productions in 1870 were 295,802 bushels of wheat, 84,252 of rye, 747,951 of Indian corn, 322,804 of oats, 72,858 of buck- wheat, 81,823 of potatoes, 867,831 Ibs. of but- ter, 45,557 of wool, and 26,401 tons of hay. There were 6,020 horses, 9,145 milch cows, 4,322 other cattle, 14,362 sheep, and 12,501 swine; 9 manufactories of agricultural im- plements, 18 of carriages and wagons, 13 of clothing, 11 of furniture, 2 of pig iron, 3 of forged and rolled iron, 1 of nails and spikes, 9 of iron castings, 12 of lime, 1 of wrapping paper, 36 flour mills, 5 tanneries, 4 currying establishments, and 14 saw mills. Capital, Bel- videre. III. A N. W. county of Pennsylvania, bordering on New York, intersected by the Alleghany river, and drained by Brokenstraw, Conewango, and other creeks; area, 832 sq. m pop. in 1870, 23,897. The surface is hilly, and the soil generally fertile. There are large