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Stelloh, 74 Wis

Categories: Contracts

Definition (1910 Edition)

425. 43 N. W. 99; Danforth vy. Crookshanks, 68 Mo. App: 316. In the law of insurance, an agreement expressed in a policy, whereby the assured stipulates that certain facts relating to the risk are or shall be true, or certain acts relating to the same anbject have been or shall be done. 1 Phil. Ins. (4th Ed.) p. 425; Petit v. German Ins. Ca (C. C.) 98 Fed. 802; Avtna Ins. Co. v. Grube, 6 Minn. &2 (Gil. 32); Insurance Co. v. Morgan, 90 Va. 290, 18 S. EB. 191.—General warranty. The name of a covenant of warranty inserted in deeds, by which the grantor binds himself. his heirs, etc., to “warrant and forever defend” to the grantee, his heirs, etc., the title thereby conveyed, against the lawful claims of all persons whatsoever. Where the warranty is only against the claims of persons claiming “by, through. or under” the grantor or his heirs, it is called a “special warranty.”—Implied warranty. A warranty raised by the law as an inference from the acts of the parties or the circumstances of the transaction. Thus, if the seller of a chattel have possession of it and sell it as his own, and not as agent for another, and for a fair price, he is understood to warrant the title. 2 Kent,
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain. UK commentary and modern updates are original additions. This entry is for educational reference only and does not constitute legal advice.