§ 1766. One who sells or agrees to sell goods by sample, thereby warrants the bulk to be equal to the sample. § 1767. One who sells or agrees to sell personal property, knowing that the buyer relies upon his advice or judgment, thereby warrants to the buyer that neither the seller, nor any agent employed by him in the transaction, knows the existence of any fact concerning the thing sold which would to his knowledge destroy the buyer's inducement to buy. § 1768. One who agrees to sell merchandise not then in existence, thereby warrants that it shall be sound and merchantable at the place of production contemplated by the parties, and as nearly so, at the place of delivery, as can be secured by reasonable care. § 1769. One who sells or agrees to sell an article of his own manufacture, thereby warrants it to be free from any latent defect, not disclosed to the buyer, arising from the process of manufacture, and also that neither he nor his agent in such manufacture has knowingly used improper materials therein. § 1770. One who manufactures an article under an order for a particular purpose, warrants by the sale that it is reason al ably fit for that purpose. 7.3, § 1771. One who sells or agrees to sell merchandise inaccessible to the examination of the buyer, thereby warrants that it is sound and merchantable. $1772. One who sells or agrees to sell any article to which there is affixed or attached a trade-mark, thereby war rants that mark to be genuine and lawfully used. Penal Code, § 351. § 1773. One who sells or agrees to sell any article to which there is affixed or attached a statement or mark to express the quantity or quality thereof, or the place where it was, in whole or in part, produced, manufactured, or prepared, thereby war· rants the truth thereof. Pol. Code, § 3199. § 1774. One who sells or agrees to sell an instrument pur porting 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 obliga tions, or its invalidity for any cause. [In effect July 1, 1874.] § 1775. 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. § 1776. One who sells the good will of a business, thereby warrants that he will not endeavor to draw off any of the cus-. tomers. $1777. 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. § 1778. 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. CHAPTER III. RIGHTS AND OBLIGATIONS OF THE BUYER. SECTION 1784. Price, when to be paid. 1785. Right to inspect goods. 1786. Rights in case of breach of warranty. § 1784. A buyer must pay the price of the thing sold ou its delivery, and must take it away within a reasonable time after the seller offers to deliver it. $ 1785. 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. § 1786. 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. CHAPTER IV. SALE BY AUCTION. SECTION 1792. Sale by auction, what. 1794. Withdrawal of bid. 1795. Sale under written conditions. 1796. Rights of buyer upon sale without reserve 1798. Auctioneer's memorandum of sale. § 1792. A sale by auction is a sale by public outcry to the highest bidder on the spot. § 1793. A sale by auction is complete when the auctioneer publicly announces, by the fall of his hammer, or in any other customary manner, that the thing is sold. § 1794. Until the announcement mentioned in the last section has been made, any bidder may withdraw his bid, if he does so in a manner reasonably sufficient to bring it to the notice of the auctioneer. § 1795. 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. § 1796. 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. § 1797. The employment by a seller of any person to bid at a sale by auction, without the knowledge of the buyer, with out an intention on the part of such bidder to buy, and on the part of the seller to enforce his bid, is a fraud upon the buyer, which entitles him to rescind his purchase. § 1798. 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. [In effect July 1, 1874.] TITLE II. EXCHANGE. SECTION 1804. Exchange, what. 1805. Form of contract. 1806. Parties have rights and obligations of sellers and buyers 1807. Warranty of money. § 1804. Exchange is a contract by which the parties mut ually give, or agree to give, one thing for another, neither thing, or both things, being money only. § 1805. 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 more. § 1806. 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. § 1807. On an exchange of money, each party thereby warrants the genuineness of the money given by him. TITLE III. DEPOSIT. CHAPTER I. Deposit in GENERAL, §§ 1813-1827. CHAPTER I. DEPOSIT IN GENERAL. ARTICLE I. NATURE AND CREATION OF DEPOSIT, §§ 1813-1818. ARTICLE I. NATURE AND CREATION OF DEPOSIT. SECTION 1813. Deposit, kinds of. 1814. Voluntary deposit, how made. 1817. Deposit for keeping, what. 1818 Deposit for exchange, what. § 1813. A deposit may be voluntary or involuntary; and for safe keeping or for exchange. § 1814. 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. § 1815. An involuntary deposit is made: 1. By the accidental leaving or placing of personal property in the possession of any person, without negligence on the part of its owner; or, 2. In cases of fire, shipwreck, inundation, insurrection, riot, or like extraordinary emergencies, by the owner of personal property committing it, out of necessity, to the care of any person. § 1816. The person with whom a thing is deposited in the manner described in the last section is bound to take charge of it, if able to do so. § 1817. A deposit for keeping is one in which the deposi tary is bound to return the identical thing deposited. § 1818. A deposit for exchange is one in which the de positary is only bound to return a thing corresponding in kind to that which is deposited. |