276 LAWS OF MARYLAND.

SEC. 31. In a contract to sell or a sale, unless a contrary
intention appears, there is:

(1) An implied warranty on the part of the seller that in-
case of a sale he has a right to sell the goods, and that in case
of a contract to 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.

SEC. 32. Where there is a contract to sell or a sale of goods
by description, 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.

SEC. 33. Subject to the provisions of this Act and of any
statute in that behalf, there is no implied warranty or condi-
tion as to the quality or fitness for any particular purpose of
goods supplied under a contract 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 manufacturer or not), there is an implied war-
ranty that the goods shall be of merchantable quality.

(3) If the buyer has examined the goods, there is no im-
plied 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 im-
plied warranty as to its fitness for any particular purpose.