52                          JOURNAL OF PROCEEDINGS                 [Dec. 16

(1)    If the buyer, expressly or by implication makes known to the
seller the particular purpose for which the improvements are required,
and it appears that the buyer relies on the seller's skill and judgment,
there is an implied warranty that the improvement shall be reasonably fit
for such purpose.

(2)    If the improvement is bought by description or sample, there is
an implied warranty that the improvement shall be of workmanlike quality
and shall correspond to the description or sample.

(3)    The warranties in (1) and (2) shall inure to the original pur-
chaser, his heirs, personal representatives and assigns.

(b)    As used in this section:

(1)    'Buyer' means the original purchaser of improved realty, and
the heirs, personal representatives, and assigns of the original purchaser.

(2)    'Seller' means any person or corporation whose business it is to
erect or otherwise create an improvement upon realty, or to whom a com-
pleted improvement has been conveyed for resale in the court of his (its)
business.

(3)    'Improvement' includes all fixtures and structures attached to
realty.

(4)    'Realty' includes both freehold and redeemable leasehold estates.

(c)    No act or agreement of the buyer before, at the time of, or after,
the making of a contract for the purchases of newly constructed improve-
ments on realty, nor any agreement or statement by the buyer in such
contract, constitutes a valid waiver of the provisions of subsection (a)."

Which amendment was read and rejected.

Amendment No. 4—In line 1 of Section 2 on page 2 of the printed bill,
immediately following "Sec." delete the figure "2" and insert in lieu
thereof the figure "3".

Which amendment was read and rejected.

Read the second time and ordered printed for third reading.

Two-thirds of all the Senators-elect, voting in the affirmative, the
rules were suspended by yeas and nays as follows, and bill put upon its
third reading and final passage.

Affirmative

Senators—

Mr. President, Anderson, Azrael, Bailey, Bertier, Bishop, Byron, Clark, Connolly,
Conroy, Cook, Crawford, Curran, Emanuel, Finney, Freidler, Gore, Hall, Hart,
Hoyer, Hughes, Lapides, McGuirk, Mitchell, Nock, Pine, Schweinhaut, Smelser, Snyder,
Staten, Steinberg, Steffey, Welcome, Wineland.                                               Total—34

Negative

Senators—

Bertorelli, Brubaker, Dean, Hodges, Malkus, McCourt, Staszak, Stone. Total—8

Read the third time and passed by yeas and nays as follows:

Affirmative

Senators—

Mr. President, Anderson, Bailey, Bertier, Bishop, Byron, Clark, Connolly,
Conroy, Cook, Crawford, Curran, Emanuel, Finney, Freidler, Gore, Hall, Hart, Hoyer,
Hughes, Lapides, McGuirk, Mitchell, Nock, Pine, Schweinhaut, Snyder, Staten, Steinberg,
Steffey, Welcome, Wineland.                                                                          Total—32