Moore v. McKinlay & Garrioch

Citations

• 5 Cal. 471

Syllabus

<p>A warranty will not be implied except in cases where goods are sold at sea, where the party has no opportunity to examine them, or in case of a sale by sample, or of provisions for domestic use.</p> <p>Where the plaintiff inspects the goods before purchasing, the case is taken from the operation of the rule of implied warranty.</p> <p>To constitute a warranty, no precise words are necessary; it will be sufficient if the intention clearly appear.</p> <p>There is no warranty in the following words of a sale note: “We have this day sold you two shipments of seeds, for arrival.”</p>