condition. The nonperformance
may be treated as a breach of warranty. Thus time may be an important
element in a contract, and an agreement to deliver goods by a
specified time is a condition or warranty. And if there is a delay in
delivering, unless it may be a trifling one, the buyer may refuse to
accept the goods.

A common condition in more recent times qualifying the obligation of
the buyer is that the goods shall be satisfactory to him. By this is
meant the satisfaction of the buyer after the exercise of an honest
judgment. In New York and some other states a somewhat different rule
prevails. Unless the things covered by the contract involve personal
taste, the contract imposes on the seller the requirement only that a
reasonable man would be satisfied with performing it, thus not leaving
the question of its satisfactory performance entirely to the buyer.
This, Williston says, is an arbitrary refusal of the court to enforce
the contract that the parties made and seems unwarranted.

Warranties may be express or implied. By the Sales Act any affirmation
of fact or any promise by the seller relating to the goods is an
express warranty if the natural tendency of such affirmation or
promise is to induce the buyer to purchase the goods, and if the buyer
purchases the goods relying thereon.

In a contract to sell or a sale, unless a contrary intention appears,
there is an implied warranty on the part of the seller that in the
case of a sale he has the right to sell the goods, also, in the case
of a contract to sell them, he will have the right to do this at the
time of passing the property. More briefly the seller warrants the
title to the property which is the subject of sale. Whether the seller
is in or out of possession of the property, he can by appropriate
words sell such interest as he may have therein. But persons also sell
property not owned by themselves by authority of others or of the law.
Unless they expressly warrant the title they are not liable for lack
of it. Sales of this nature are made by a sheriff, or other judicial
officer, auctioneer or mortgagee, assignee in bankruptcy, executor or
administrator, guardian, or simply an agent.

When there is a contract to sell, or a sale of goods by description,
there is an implied warranty that they shall correspond with the
description; and if the contract or sale is by sample, as well as by
description, it is not sufficient that the bulk of the goods
corresp