(A) See also a guaranty (B) contracts. This word has several significations, as it is applied to the conveyance and sale of lands, to the sale of goods, and to the contract of insurance. 2. 1. The ancient law relating to warranties of land was full of subtleties and intricacies; it occupied the attention of the most eminent writers on the English law, and it was declared by Lord Coke, that the learning of warranties was one of the most curious and cunning learnings of the law; but it is now of little use even in England. The warranty was a covenant real, whereby the grantor of an estate of freehold, and his heirs, were bound to warrant the title; and either upon voucher, or judgment in, a writ of warrantia chartae, to yield other lands to the value of those from which there had been an eviction by paramount title; the heir of the warrantor was bound only on condition that he had, as assets, other lands of equal value by descent. 3. Warranties were lineal and collateral. 4. Lineal, when the heir derived title to the land warranted, either from or through the ancestor who made the warranty. 5. Collateral warranty was when the heir’s title was not derived from the warranting ancestor, and yet it barred the heir from claiming the land by any collateral title, upon the presumption that he might thereafter have assets by descent from or through the ancestor; and it imposed upon him the obligation of giving the warrantee other lands, in case of eviction, provided he had assets. Warranty in its original form, it is presumed, has never been known in the United States. The more plain and pliable form of a covenant has been adopted in its place and this covenant, like all other covenants, has always been held to sound in damages which after judgment may be recovered out of the personal or real estate, as in other cases. Warranties in relation, to the sale of personal chattels are of two kinds, express or implied. 8. An express warranty is one by which the warrantor covenants or undertakes to insure that the thing which is the subject of the. contract, is or is not as there mentioned; as, that a horse is sound; that he is not five years old. 9. An implied warranty is one which, not being expressly made, the law implies by the fact of the sale; for example, the seller is, understood to warrant the title of goods be sells, when they are in his possession at the time of the sale; but if they are not then in his possession, the rule of caveat emptor applies, and the buyer purchases at his risk. 10. In general there is no implied warranty of the quality of the goods sold.
Law Dictionary – Alternative Legal Definition
In real property law. A real covenant by the grantor of lands, for himself and his heirs, to warrant and defend the title and possession of the estate granted, to the grantee and his heirs, whereby, either upon voucher, or judgment in the writ of warrantia chartw, and the eviction of the grantee by paramount title, the grantor was bound to recompense him with other lands of equal value. Co. Lift. 365a. In sales of personal property. A warranty is a statement or representation made by the seller of goods, contemporaneously with and as a part of the contract of sale, though collateral to the express object of it, having reference to the character, quality, or title of the goods, and by which he promises or undertakes to insure that certain facts are or shall be as he then represents them. A warranty js an engagement by which a seller assures to a buyer the existence of some fact affecting the transaction, whether past, present, or future. Civ. Code Cal.