Page:United States Statutes at Large Volume 76A.djvu/227

–131– -131§ 1433. Implied warranties of title In a contract to sell or a sale, unless contrary intention appears, there is: (1) an implied warranty on the part of the seller that in case of a sale he has a rig:ht to sell the goods, and that in case of a contract to sell he will have a right to sell the goods at the time when the property is to pass; (2) an implied warranty that the buyer shall have and enjoy quiet possession of the goods as against any lawful claims existing at the time of the sale; (3) an implied warranty that the goods shall be free at the time of the sale from any cnarge or encumbrance in favor of any third person, not declared or known to the buyer before or at the time when the contract or sale is made. This section does not, however, render liable a marshal, auctioneer, mortgagee, or other person professing to sell by virtue of authority in fact or law goods in which a third person has a legal or equitable interest. § 1434. Implied w a r r a n t y in sale by description Where there is a contract to sell or a sale of goods by description, there is an implied warranty that the goods shall correspond with the description and if the contract or sale be by sample, as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description. § 1435. Implied warranties of quality Subject to the provisions of this chapter and of any statute in that behalf, there is no implied warranty or condition as to the quality or fitness for any particular purposes of goods supplied under a contract to sell or a sale, except as follows: (1) where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose; (2) where the goods are bought by description from a seller who deals in goods of that description (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be of merchantable quality; (3) if the buyer has examined the goods, there is no implied warranty as regards defects which such examination ought to have revealed; (4) in the case of a contract to sell or a sale of a specified article under its patent or other trade name, there is no implied warranty as to its fitness for any particular purpose; (5) an implied warranty or condition as to quality or fitness for a particular purpose may be annexed by the usage of trade; (6) an express warranty or condition does not negative a warranty or condition implied under this chapter unless inconsistent therewith. Article F—Sale by Sample § 1436. Implied warranties in sale by sample In the case of a contract to sell or a sale by sample: (1) there is an implied warranty that the bulk shall correspond with the sample in quality;

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