TROVER BY VENDOR, Fraud, 249, 292 Nullity of contract, 293 By consent of parties, 293 Unauthorized sale by agent, 295. (See Agent-Factor.) 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 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, 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 But may always be given in evidence in reduction of damages, 268, 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 invoice, or other document, ib. When the seller did not intend to warrant, ib. 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 Where no qualification, vendor liable at any time, 352, 355, 356 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 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. |