Dickens v. Williams

The affirmation in the bill of sale of the Jack, that it was “a good and sure foal geiler,” imports a covenant of warranty that it was so: Ditto vs Helm, (2 J. J. M. 129.) Such expressions in a written contract, when unqualified as in this case, by any. thing else therein, should be deemed a part of the contract, and therefore stipulatory; thereby the vendor, of course, agreed that the jack was as described, and consequently that agreement was a covenant to that effect.

Proof that the jack was altogether impotent during the whole season succeeding the sale in January, was not inadmissible or…