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TROVER BY VENDOR,
When maintainable, 292

Fraud, 249, 292

Nullity of contract, 293
Rescission of contract, 292

By consent of parties, 293

Unauthorized sale by agent, 295. (See Agent-Factor.)
Against pledgee, 295, 296, 300, 302

On exchange of chattel, 329 note

V.

VALUE,

Deceit does not lie for false affirmation of value, 325, 337

Unless where the value is peculiarly within the vendor's knowledge,

325 note

VARIANCE, 223–229, 343–345

When material, 224

Where the mistake is favourable to the defendant, 227

In sale-note, 76

In statement of consideration, 226, 343

In the averment of absolute or alternative undertaking, 224, 345

In the averment of general or qualified undertaking, 224

As to price, 224, 225

As to quantity, 225

As to time, ib.

As to parties, 225, 226 ́

As to subject-matter, 226
Effect of videlicet, 224

When not material, 227

Surplusage, ib.

Statement according to legal effect, 227, 344

Matter relevant to the breach, 228, 344

When amendment allowed, 229, 345

When variance between the bought and sold notes vitiates the contract,

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WAIVER-(continued.)

Waiver of performance of condition precedent, 237, 238

Of breach of warranty, 362, 364

Of lien, 184, 404, 405

Of right of stoppage, 193

By parol of written agreement, before breach, 222

Of fraud, 333

WAREHOUSEMAN. (See Bailee.)

WARRANTY, 132, 334. (See Deceit.)

Proof of compliance with warranty in action for not accepting goods, 233
Where breach of warranty is a defence to an action for the price, 267
Cannot be pleaded in bar, 268, 329 note

But may always be given in evidence in reduction of damages, 268,
270. (See Damages.)

Yet purchaser ought to object in reasonable time, 269, 270

Not where bill or note has been given for the price, 272

Where breach of warranty enables purchaser to recover back the price,

327. (See Money had and received.)

Action for breach of warranty, 334

Proper form, 334 note

Express warranty, 334

What affirmations amount to warranty, 335
Warranty contained in receipt, 336

Warranty contained in invoice, or other document, ib.
The document must be connected with the contract, ib.
What representations do not amount to warranty, 337
Vague assertions, ib.

When the seller did not intend to warrant, ib.
Statements on the authority of another, 338

Warranty by agent, 341

When express authority must be given, ib.

The warranty by the agent must be on the bargain, 342

Time of making the warranty, 338

May be before the sale, 339

Not after, 338

Proof, 336, 343

Prior representations not admissible, where a writing does

not refer to them, 339, 340

Variance, 341. (See Variance.)

Scienter unnecessary, 349

Implied warranty, 345

Warranty of title, 346 note

By usage of trade, 347

Chattel sold for specific purpose, 347, 348

How declared upon, 348

WARRANTY―(continued.)

Qualified warranty, 350

As to subject-matter, 350, 351

As to time, 352, 353

Qualification must be consistent with the general terms of the
undertaking, 351, 352

Where no qualification, vendor liable at any time, 352, 355, 356
But not for defects arising subsequently, 353

Implied qualification as to visible defects, 353, 354

Unless the defects be not immediately obvious, 355

Warranty of horse, 356. (See Horse.)

Waiver of the breach, 362

Not by delaying to object, ib.

Nor by keeping the chattel, 363

Unless expressly stipulated to that effect, 364

Nor by reselling the chattel, 363

Damages, 360. (See Damages.)

When agent may be personally liable for breach of warranty, 408, 430
WEST-INDIA-WARRANT,

Is a negotiable instrument, 311

Whether indorsement bars the vendor's right of stoppage, 193 note

WHARF,

Not market-overt, 167

WHARFINGER. (See Bailee.)

WIFE. (See Feme covert.)

WITNESS,

Whether the original seller is a competent witness in action by sub-vendee

for breach of warranty, 361 note

WRITTEN EVIDENCE, (See Parol.)

Within 17th section of Statute of Frauds, 49, 67

Within 4th section, 377, 381

By Lord Tenterden's Act, 23

LONDON:

C. ROWORTH AND SONS, BELL YARD,

FLEET STREET.

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