Page:The New International Encyclopædia 1st ed. v. 20.djvu/357

WARRANTY. 299 WARREN. warrant, from 01". irurtitil, guurant, (jarant, vvar- raiit, ])rolrct()r) . In law, an assurance of a faot coupled Willi an a^'reenicnt, e.xpressed or im- plied, to indemnify the jiromisee for all damage he may sulVer if the faet prove not to be a.s rep- resented. Tile term is most commonly applied to assurances in ronard to the title lir quality of goods and chattels, or as to the title of land. A warranty is a collateral a.u'reement, and if broken docs not afl'eot the validity of a sale of goods to which it applies, but only gives rise to an action for such damages as ma,v be suffered by reason thereof. In tins respect it dili'ers from a condition in a contract of sale, which if violated will rcnilcr the contract null and void at the oi)tion of the purchaser. As a valid war- ranty can only be f;iven by contract, it requires a consideration, which may, however, be the price of the goods to which it applies. A warrant,v may be made by express words, or ma,v be im- jilied from the facts and circumstances of the transaction. By the early common law, a vendor of chattels did not implicdl,v warrant that he had title, but as most sales were made in marl-et overt, the purchaser was protected. However, by the weight of authority to-day. if the vendor has possession of the goods he is held to war- rant tluit he has title. Wliere no special agree- ment is made as to the qualit,v of personal prop- erty sold, and the parties have equal means of ascertaining it, the general rule is to appl,v the doctrine of caveat emptor (let the purchaser be- ware), that iSj that there is no implied war- ranty of quality. In a number of States, if the purchaser has not the op])ortunit,y for inspec- tion, bvit orders the goods reU'ing upon a deiinite description of their kind and qualitv bv the vendor, the law will impl,v a warrant,v that they shall correspond to the description. Where food is sold bv a retail dealer for eonsum|)tion b,v the purchaser, to the knowledge of the dealer, the latter is generally held impliedly to warrant that the food is reasonably wliolesome and sound. This exception is not recognized where goods are sold by a wholesale dealer to an- other dealer. Where goods are sold by sample, there is held to be an implied warrant,v that they will be of the same qualit,v as the sample, but not that there are no latent defects in the latter. If a person specifically describes goods to be manufactured for him, stating the pur- pose for which they are to be used,, the manu- facturer impliedly warrants that they will be reasonably suitable for the purpose mentioned. A warrant.v, to be binding, must be in clear and distinct terms, and relate to some material fact which would influence the purchaser in order- ing the goods. Mere general praise or 'puffing' of wareSj such as that they are 'stvlish,' etc., will not bind the vendor, as it is considered but natural that a dealer should praise his own goods. In real estate law. the term warranty usually denotes a covenant in a deed or conveyance, to the eft'ect that the vendor warrants and defends the title against any one who may have a su- perior claim. For breach of such warranty the vendor is liable in damages to an amount not exceeding the purchase price of the property. In insurance law, a warrant.v is a statement or promise as to a material fact relating to the risk, Avhich is inserted in the policy, and which Vol. XX.— 20. must be strictly true or complied W'ith or the contract of insurance will be void. It is dis- tinguished from a representation, which is mere collateral in<lucenient, and which need be only substantially correct. See Sale; Contkact, and the authorities there referred to. WAR'REN. The county-seat of Trumbull Counly. < thill, :,:i miles southeast of Cleveland; on the Mahoning Kiver, and on the Pennsyl- vania, the Krie, and the Baltimore and Ohio railroads (Map: Ohio, .T .3). The public li- brary has about 10.000 volumes. Warren is sur- rounded b,v a farming country, and has electrical apparatus and supply worksi tube works, a roll- ing mill, and manufactories of fire extinguish- ers, bath tubs, automobiles, etc. The govern- ment is vested in a mayor, chosen biennially, and a council. Wancn was incorporated in 1834. Population, in 18!I0, .5073; in inOO, 8529. WARREN. The county-seat of Warren (^oiinty, I'cun.s.ylvania, 70 miles southeast of Erie, at the confluence of the Allegheny Eiver and the Conewango Creek, and on the Pennsyl- vania, the Western New York and Pcnnsvl- vania, and the Dunkirk, Allegheny Vallev and Pittsburg railroads (Map: Pen'nsvlvan'ia, B 2). it is the .seat of the State Hospital for the Insane, and has a public lil)rary with about 11,500 volumes. The borough is in a section noted for the production of natural gas and oil, and is engaged in oil refining, and the manu- facture of furniture, iron and steel, etc. The government is vested in a burgess, elected tri- ennially, and a unicameral council. Warren was settled in 1795, and was incorporated in 1832. Population, in 1890, 4332; in 1900, 8043. WARREN. A town in Bristol County, R. I.. six niili-^ northwest of Fall River, -Mass.; on Xarragansett Bay, and on the New York. New Haven and Hartford Railroad (Map: Rhode Island, C 3). It has the George Hall Free Li- brary with 8000 volumes. Manufacturing is the leading industry of the town, the most important products being cotton goods, twine, and braid. Warren occupies the site of the Indian village Sowams. the home of Massasoit (q.v.), and was settled by the whites, at least temporaril,y, as early as 1035. Until 1740, when it was incor- porated by Rhode Island and named in honor of Admiral Sir Peter Warren, it was a part of Swansea, JIass. From it. in 1770. Barrington was taken. Population, in 1S90, 4489; in 1900, 5108. Consult: Tusten, A Discourse. May 8. iS.'/5 (Providence. 1845) ; Baker, The Historii of War- ren, nin-lis.i (Warren, 1901). WARREN, GorvEBNEVR Kemble (1830S2). An American soldier, born at Cold Spring. N. Y. He graduated at West Point in IS-W, and took part as chief topographical engineer in the Sioux Expedition of 1855 and participated in the action of Blue Water. From 1859 to 1861 he was assist- ant professor of matheuiatics at West Point, but in May of the latter .rear he accepted a lieutenant-colonelcy in the Fifth New York Vol- unteers. He took part in the battle of Big Bethel on .June 10th. and in August he was com- missioned colonel of his regiment. He took part in the Peninsular campaign, and later com- manded a brigade of the Army of the Potomac during the Maryland campaign. A few days after the battle, of Antietam he w'as conimis-