1532*  The  seller  is  obliged  by  law  to  warrant  the  buyer  against
such  latent  defects  in  the  thing  sold,  and  its  accessories,  as  render  it
unfit  for  the  use  for  which  it  was  intended,  or  so  diminish  its  useful-
ness that  the  buyer  would  not  have  bought  it,  or  would  not  have


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672  Of  the  obligations  of  the  seller. — Art,  15£Z.
given  so  large  a  price,  if  he  had  known  them.— 7^  L.  1,  §  1,  De  cBdU.
edicto  ;  Domat,  liv.  1,  tit.  2,  sect.  11,  nn,  1,  3  ;  Pothier,  Vente,  nn.  202,
203,  232  ;  Merlin,  E^p,  vo.  Garantie,  §  8,  n.  2  ;  C.  N.,  1641.  [U.  53.]

AmeTidment : — 20.  Whenever  any  person  sells  or  contracts  to  sell,
whether  by  writing  or  not,  to  any  other  person,  any  chattel  or  article,
with  any  trade  mark  thereon,  or  upon  any  cask,  bottle,  stopper,  oork-
capsule,  vessel,  case,  cover,  wrapper,  band,  reel,  ticket,  label  or  other
thing  together  with  wich  such  chattel  or  article  is  sold  or  contracted
to  be  sold,  the  sale  or  contract  to  sell  shall  in  every  such  case  be
deemed  to  have  been  made  with  a  warranty  or  contract  by  the  vendor
to  or  with  the  vendee,  that  every  trade  mark  upon  such  chatt'Cl  or
article,  or  upon  any  such  cask,  bottle,  stopper,  vessel,  case,  cover
wrapper,  hand,  reel,  ticket,  label  or  other  thing  as  aforesaid,  was
genuine  and  true,  and  not  forged  or  counterfeit,  and  not  wrongfully
used,  unless  the  contrary  is  expressed  in  some  writing  Mgned  by
or  on  behalf  of  the  vendor  and  delivered  to  and  accepted  by  the
vendee.
