term  "  profits"  necessarily,  or,  when  construed  in  reference  to
the  subject-matter,  properly,  has  so  restricted  a  meaning  as
to  exclude  commissions  received  from  the  proceeds  of  sales
of  the  property  of  the  complainant

Let  a  final  decree  be  entered  for  the  amount  of  the  commis-
sions reported  by  the  Master,  and  for  a  perpetual  injunction
and  costs.
Stevensj  pro  se.
AmeSf  contra.
William   F.   Sayles   vs.   The   North- Western   Insurance

Company,

Bj  a  warranty  in  a  policy  of  fire  insurance,  the  insured  is  hold  only  to  a  hare  and
literal  compliance  witli  the  exact  meaning  of  his  engagement ;  which  is  not  to  be
extended  by  construction,  to  include  any  thing  not  necessarily  implied  in  its
terms.
The  warranty  of  a  force-pump  in  a  mill,  at  all  times  ready  for  use,  does  indade  a
warranty  of  power  to  work  the  pump ;  but  not  any  particular  kind  of  power.
A  warranty  that  the  force-pump  shall  be  at  all  times  ready  for  use,  does  not  engage
that  a  fire,  being  the  peril  insured  against,  shall  not  disable  it ;  and  whether  H
does  so  at  one  stage  of  the  fire,  or  another,  the  warranty  is  not  broken.
Where  a  policy  provides  that  any  representation  of  the  assured  made  in  the  survey,
shall  be  deemed  a  warranty,  the  Court  will  construe  the  instrument  strictly  against
the  insurer.
The  case  is  stated  in  the  opinion  of  the  Court

^    Curtis,  J.     This  is  an  action  on  a  policy  of  insurance
against  fire.
The  policy  bears  date  on  the  first  day  of  May,  1854,  and
insured  the  plaintiff  in  the  sum  of  $2,500,  against  loss  by  fire
on  his  bleachery  and  the  movable  machinery  therein,  situate


JUNE  TERM,  1856.  611

Sayles  v.  The  North-western  Ins.  Co.
