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1. The Warranty of a thing sold is the cause of an Action in case of vendition, as well as of cor∣ruption, 19 Hen. 6.9.
2. And the Warranty ought to be at the time of the sale, 15 Hen. 7.41, Nat. br. 98. L. and not afterwards, 6 Edw. 6. Dyer 75. pl. 28. else not good.
3. It ought to be by the owner of the thing, and not by a Stranger; and upon the sale by the owner, and not by a Servant, 11 Edw. 4.6.
for Warranty relates immediately to him that war∣rants.
It is not material whether the price be paid or not, for debt lies for it, 9 Hen. 7.21. pl. 2.
Against the Seller of a Horse that is sick,* 1.2 and is warranted sound, Nat. br. 94. C. 7 Rich. 2.42. Regist. orig. 108. A. Lib. Intr. 9. B. sect. 1. for this is deceit.
Or a lame Horse warranting sound, 31 Hen. 6.11. Statham.
A strained Horse it lies not, because the buyer hath the view, 13 Hen. 4.1. pl. 4. Hank ford. Q. if he warrant him sound.
Against a Seller of Cloth,* 1.3 that warrants it well sulled when it is raw, 11 Hen. 6.221.
Against him that warrants it of such a length, and this upon sale and warranty of the Servant, it lies against the Master, 11 Edw. 4 6. for it lies not against the Servant, ibidem, for the Cloth was the Masters.
Against him that sells grain,* 1.4 and warrants it to be good, Lib. Intra. 9. B. sect. 1. Regist. orig. 111. A. whereas it is musty or corrupted.
Against him that warrants Herrings,* 1.5 Regist. orig. 96. A. in the number and the goodness.
Against him that sells a Saphire instead of a Diamond,* 1.6 Kitchin 174.
Against a Seller of wood,* 1.7 and shews part, and warrants the rest to be good, 14 Hen. 6.22. pl. 66.
Against a Seller of corrupt Wine with war∣ranty,* 1.8 Nat. br. 94. C. 9 Hen. 6.35. 7 Hen. 4.14. pl. 19. that it is sound and wholsom.
If the Servant sold it by covin of the Master, Action lies against the Master, 9 Hen. 6.53. pl. 37. for it is the Masters act.
Deceit in Bargains.
Horse.
Cloth.
Grain.
Herring.
Saphire.
Wood.
Wine.