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place where it was, in whole or in part, produced, manufactured, or prepared, thereby warrants the truth thereof. En. March 21, 1872.

Owner of trade-mark: Pol. Code, sec. 3199.

$ 1774. Warranty on sale of written instrument. One who sells or agrees to sell an instrument purporting to bind any one to the performance of an act, thereby warrants that he has no knowledge of any facts which tend to prove it worthless, such as the insolvency of any of the parties thereto, where that is material, the extinction of its obligations, or its invalidity for any cause. En. March 21, 1872. Am'd. 1873-4, 244. Cal.Rep.Cit. 86, 188; 92, 124; 92, 127 ; 92, 128; 96, 161;

103, 324. $ 1775. Warranty of provisions for domestic use. One who makes a business of selling provisions for domestic use warrants by a sale thereof, to one who buys for actual consumption, that they are sound and wholesome. En. March 21, 1872.

$ 1776. Warranty on sale of good-will. One who sells the good-will of a business, thereby warrants that he will not endeavor to draw off any of the customers. En. March 21, 1872.

Cal.Rep.Cit. 71, 148; 114, 665; 124, 432.

$ 1777. Warranty upon judicial sale. Upon a judicial sale, the only warranty implied is that the seller does not know that the sale will not pass a good title to the property. En. March 21, 1872.

Cal.Rep.Cit. 120, 424.

$ 1778. Effect of general warranty. A general warranty does not extend to defects inconsistent therewith of which the buyer was then aware, or which were then easily discernible by him without the exercise of peculiar skill; but it extends to all other defects. En. March 21, 1872.

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CHAPTER III. RIGHTS AND OBLIGATIONS OF THE BUYER. $ 1784. Price, when to be paid. § 1785. Right to inspect goods. $ 1786. Rights in case of breach of warranty.

§ 1784. Price, when to be paid. A buyer must pay the price of the thing sold on its delivery, and must take it away within a reasonable time after the seller offers to deliver it. En. March 21, 1872.

Cal.Rep.Cit. 76, 215; 82, 479.
When seller must act as bailee: See ante, sec. 1748.

$ 1785. Right to inspect goods. On an agreement for sale, with warranty, the buyer has a right to inspect the thing sold, at a reasonable time, before accepting it; and may rescind the contract if the seller refuses to permit him to do so. En. March 21, 1872.

Rescission of contract by seller: See ante, sec. 1749.

Rescission by buyer for breach of warranty: See next section.

$ 1786. Rights in case of breach of warranty. The breach of a warranty entitles the buyer to rescind an agreement for sale, but not an executed sale, unless the warranty was intended by the parties to operate as a condition. En. March 21, 1872.

Cal.Rep.Cit. 96, 92.


$ 1792. $ 1793. $ 1794. $ 1795. $ 1796. $ 1797. $ 1798.

Sale by auction, what.
Sale, when complete.
Withdrawal of bid.
Sale under written conditions.
Rights of buyer upon sale without reserve.
By bidding.
Auctioneer's memorandum of sale.

$ 1792. Sale by auction, what. A sale by auction is a sale by public outcry to the highest bidder on the spot. En. March 21, 1872.

Auctioneers, authority of, generally: See secs. 2362,


2363. See regulations in Pol. Code, secs. 3284 et seq., respecting auctioneers' bonds, license, etc.

$ 1793. Sale, when complete. A sale by auction is complete when the auctioneer publicly announces, by toe fall of his hammer, or in any other customary manner, tnat the thing is sold. En. March 21, 1872.

8 1794. Withdrawal of bid. Until the announcement mentioned in the last section has been made, any bidder may withdraw his bid, if he does so in a manner reason. ably sufficient to bring it to the notice of the auctioneer. En. March 21, 1872.

$ 1795. Sale under written conditions. When a sale by auction is made upon written or printed conditions, such conditions cannot be modified by any oral declaration of the auctioneer, except so far as they are for his own benefit. En. March 21, 1872.

$ 1796. Rights of buyer upon sale without If, at a sale by auction, the auctioneer, having authority to do so, publicly announces that the sale will be without reserve, or makes any announcement equivalent thereto, the highest bidder in good faith has an absolute right to the completion of the sale to him; and, upon such a sale, bids by the seller, or any agent for him, are void. En. March 21, 1872.

$ 1797. By bidding. The employment by a seller of any person to bid at a sale by auction, without the knowledge of the buyer, without an intention on the part of such bidder to buy, and on the part of the seller to enforce bis bid, is a fraud upon the buyer which entitles him to rescind his purchase. En. March 21, 1872.

$ 1798. Auctioneer's memorandum of sale. When property is sold by auction, an entry made by the auctioneer, in his sale-book, at the time of the sale, specifying the name of the person for whom he sells, the thing sold, the price, the terms of sale, and the name of the buyer, binds both the parties in the same manner as if made by themselves. En. March 21, 1872. Am'd. 1873-4, 244.

A'ictioneer agent to make memorandum: See ante, sec. 1624, subd. 4.

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1804. $ 1805. $ 1806. $ 1807.

Exchange, what.
Form of contract.
Parties have rights and obligations of sellers and buyers.
Warranty of money.

$ 1804. Exchange, what. Exchange is a contract by which the parties mutually give, or agree to give, one thing for another, neither thing, or both things, being money only. En. March 21, 1872.

Cal.Rep.Cit. 71, 292.

§ 1805. Form of contract. The provisions of section 1739 apply to all exchanges in which the value of the thing to be given by either party is two hundred dollars or

En. March 21, 1872.


$ 1806. Parties have rights and obligations of sellers and buyers. The provisions of the title on sale apply to exchanges. Each party has the rights and obligations of a seller as to the thing which he gives, and of a buyer as to that which he takes. . En. March 21, 1872.

Cal.Rep.Cit. 71, 293; 74, 379.

§ 1807. Warranty of money. On an exchange of money, each party thereby warrants the genuineness of the money given by him. En. March 21, 1872.


Chapter I. Deposit in General, 88 1813-1827.

II. Deposit for Keeping, 88 1833-1872.
III. Deposit for Exchange, g 1878.


Article I.

Nature and Creation of Deposit, $$ 1813-1818.
Obligations of the Depositary, $$ 1822-1827.



NATURE AND CREATION OF DEPOSIT. 1813. Deposit, kinds of.

1814. Voluntary deposit, how made. 1815. Involuntary deposit, how made. 1816. Duty of involuntary depositary. 1817. Deposit for keeping, what. 1818. Deposit for exchange, what.

$ 1813. Deposit, kinds of. A deposit may be voluntary or involuntary; and for safe-keeping or for exchange. En. March 21, 1872. Deposit for keeping: Post, secs. 1833 et seq.

Gratuitous deposit, and incidents: Post, secs. 1844 et seq.

Deposit for hire: Post; secs. 1851 et seq. Deposit for exchange: Post, sec. 1878. Loan for use: Secs. 1884 et seq; loan for exchange: Sec. 1902; loan of money: Sec. 1912. Hiring: See post, secs. 1925 et seq. Inpkeepers: Post, secs. 1859 et seq. Common carriers: Secs. 2085 et seq. Pledge: Post, secs. 2986 et seq.

| 1814. Voluntary deposit, how made. A voluntary deposit is made by one giving to another, with his consent, the possession of personal property to keep for the benefit of the former, or of a third party. The person giving is called the depositor, and the person receiving the depositary, En. March 21, 1872.

Finder of lost articles: See post, secs. 1864 et seq.
Obligations of the depositary: See secs. 1822 et seq.

1815. Involuntary deposit, how made. An involuntary deposit is made:

1. By the accidental leaving or placing of personal property in the possession of any person, without negli. gence on the part of its owner; or,

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