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Noah Webster's 1828 American Dictionary
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February 6, 2012

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1828 Definition

WARRANTY, n.

1. In law, a promise or covenant by deed, made by the bargainer for himself and his heirs, to warrant or secure the bargainee and his heirs against all men in the enjoyment of an estate or other thing granted. Such warranty passes from the seller to the buyer, from the feoffor to the feoffee, and from the releaser to the releasee. Warranty is real, when annexed to lands and tenements granted in fee or for life, &c. And is in deed or in law; and personal, when it respects goods sold or their quality.

In common recoveries, a fictitious person is called to warranty. In the sale of goods or personal property, the seller warrants the title; the warranty is express or implied. If a man sells goods which are not his own, or which he has no right to sell, the purchaser may have satisfaction for the injury. And if the seller expressly warrants the goods to be sound and not defective, and they prove to be otherwise, he must indemnify the purchaser; of the law implies a contract in the warranty, to make good any defect. But the warranty must be at the time of sale, and not afterwards.

2. Authority; justificatory mandate or precept.

If they disobey any precept, that is no excuse to us, nor gives us any warranty to disobey likewise. [In this sense, warrant is now used.]

3. Security.

The stamp was a warranty of the public.

WARRANTY, v.t. To warrant; to guaranty. [A useless word.]

1913 Definition
Warranty (warranty)
n.(?)
War"rant*y
; pl. Warranties (#). [OF. warantie, F. garantie. See Warrant, , and cf. Guaranty.]

  1. A covenant real, whereby the grantor of an estate of freehold and his heirs were bound to warrant and defend the title, and, in case of eviction by title paramount, to yield other lands of equal value in recompense. This warranty has long singe become obsolete, and its place supplied by personal covenants for title. Among these is the covenant of warranty, which runs with the land, and is in the nature of a real covenant.
    Kent.
  2. An engagement or undertaking, express or implied, that a certain fact regarding the subject of a contract is, or shall be, as it is expressly or impliedly declared or promised to be. In sales of goods by persons in possession, there is an implied warranty of title, but, as to the quality of goods, the rule of every sale is, Caveat emptor.
    Chitty. Bouvier.
  3. A stipulation or engagement by a party insured, that certain things, relating to the subject of insurance, or affecting the risk, exist, or shall exist, or have been done, or shall be done. These warranties, when express, should appear in the policy; but there are certain implied warranties.
    Bouvier.
  4. Justificatory mandate or precept; authority; warrant.
    [R.] Shak.

    If they disobey precept, that is no excuse to us, nor gives us any warranty . . . to disobey likewise. Kettlewe(?)(?).

  5. Security; warrant; guaranty.

    The stamp was a warranty of the public. Locke.

    Syn. -- See Guarantee.

  6. To warrant; to guarantee.
1828 dictionary
Noah Says...
Language is not an abstract construction of the learned, or of dictionary makers, but is something arising out of the work, needs, ties, joys, affections, tastes, of long generations of humanity, and has its bases broad and low, close to the ground.
  




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