Reed v. Hastings

Citations

• 61 Ill. 266

Syllabus

<p>1. Warranty-what constitutes. While no particular form of words is necessary to constitute a warranty, yet there is a distinction as to the legal effect of expressions when used in reference to a matter of fact, and when used to express an opinion. When the representation is positive and relates to a matter of fact, if relied on by the purchaser and it induced the purchase, it constitutes a warranty; but when the representation relates to that which is a matter of opinion or fancy, as the value of a horse or other article of property, it does not amount to a warranty unless there are other declarations which leave no doubt of the intention to warrant.</p> <p>2. The intention with which the representation is made is to be determined by the character of the representation made, and the object to be effected by it.</p>