There is a very important difference that every one ought to

understand between words that are spoken at a sale, which are mere
representations, and words that form a warranty of the thing sold
There is a very important difference that every one ought to
understand between words that are spoken at a sale, which are mere
representations, and words that form a warranty of the thing sold. If
I should go into a store to buy a piece of flannel, and ask the
salesman if it was all wool, and he should assure me that it was, and
I, ignorant of the quality of the material, and desirous of buying a
piece of all-wool flannel, should say to him: 'I know nothing about
it; I rely entirely on your statement,' and he should say: 'It is all
right; all wool, and no cotton,' his words would be a warranty, and if
the flannel proved to be made partly of straw or cotton, or something
besides wool, I could sue the seller on his warranty, and recover for
the loss I had suffered, whatever that might be. But suppose I were a
flannel manufacturer myself, and knew at the time he was saying this
to me that the flannel was partly cotton; in short, knew a great deal
more about it than he did, and was not deceived in any way by what he
said, his words would not be a warranty, because my action in buying
the flannel would not be influenced by them.


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