Tower v. Howe Scale Co.

McAdam, Ch. J.

Lord Abinger said: “ A good deal of confusion has arisen in many of the causes from the unfortunate use made of the word ' waranty.’ Two things have been confounded together. A warranty is an express or implied statement of something which a party undertakes shall be part of a contract, and, though part of the contract, collateral to the express object of it. But in many of the cases the circumstance of a party selling a particular thing by its proper description has been called a warranty, and the breach of such a contract a breach of warranty ; but it would be better to…