ART. 83] UNIFORM SALES ACT. 1917

sell, he will have a right to sell the goods at the time when the property
is to pass.

(2) An implied warranty .that the buyer shall have and enjoy quiet
possession of the goods as against any lawful claims existing at the
time of the sale.

(3) An implied warranty that the goods shall be free at the time
of the sale from any charge or encumbrance in favor of any third
person not declared or known to the buyer before or at the time when
the contract or sale is made.

(4) This section shall not, however, be held to render liable a
sheriff, auctioneer, mortgagee or other person professing to sell by
virtue of authority in fact or law goods in which a third person has a
legal or equitable interest.

1910, ch. 346, sec. 32 (p. 276).

35. Where there is a contract to sell or a sale of goods by descrip-
tion, there is an implied warranty that the goods shall correspond with
the description, and if the contract or sale be by sample, as well as by
description, it is not sufficient that the bulk of the goods corresponds
with the sample if the goods do not also correspond with the description.

1910, ch. 346, sec. 33 (p. 276).

36. Subject to the provisions of this sub-title and of any statute in
that behalf, there is no implied warranty or condition as to the quality
or fitness for any particular purpose of goods supplied under a con-
tract to sell or a sale, except as follows:

(1) Where the buyer, expressly or by implication, makes known
to the seller the particular purpose for which the goods are required,
and it appears that the buyer relies on the seller's skill or judgment
(whether he be the grower or manufacturer or not), there is an implied
warranty that the goods shall be reasonably fit for such purpose.

(2) Where the goods are bought by description from a seller who
deals in goods of that description (whether he be the grower or manu-
facturer or not), there is an implied warranty that the goods shall be
of merchantable quality.

(3) If the buyer has examined the goods, there is no implied
warranty as regards defects which such examination ought to have
revealed.

(4) In the case of a contract to sell or a sale of a specified article
under its patent or other trade name, there is no implied warranty as
to its fitness for any particular purpose.

(5) An implied warranty or condition as to quality or fitness for
a particular purpose may be annexed by the usage of trade.

(6) An express warranty or condition does not negative a warranty
or condition implied under this sub-title, unless inconsistent therewith.