Byrne v. Jansen

Citations

• 50 Cal. 624

Syllabus

<p>Express Warranty of Personal Property. — A mere praise of personal property, indulged in by the owner when offering it for sale, does not, under the rule of the common law, amount to an express warranty of its quality or marketable condition.</p> <p>Implied Warranty of Personal Property.—A mere praise of personal property, such as wool, indulged in by the owner when offering it for sale, does not amount to an implied warranty of its quality or condition, if the buyer has an opportunity to examine it and fails to do so, and no artifice is used by the seller to prevent him from making an examination.</p> <p>When Error is Cured. — If the court, on the objection of one of the parties, refuses to allow a witness to answer a question, and the matter about which he is asked is afterwards fully explained by other witnesses, the error, if any, is cured.</p>