Chandelor against Lopus
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1791 |
| Date | 01 January 1791 |
| Court | Exchequer |
English Reports Citation: 79 E.R. 3
IN THE EXCHEQUERE-CHAMBER.
See Smith v. Chadwick, 1884, 9 App. Cas. 195; Derry v. Peek, 1889, 14 App. Cas. 356.
case 4. chandelor against lopus. In the Exchequer-Chamber. [See Smith v. Chad.wick, 1884, 9 App. Cas. 195 ; Derry v. Peek, 1889, 14 App. Cas. 356.] Trespass on the case for selling a jewel, affirming it to be a bezar-stone, ubi revtra, it was not a bezar-stone, will not lie unless it be alledged that the defendant knew it was not a bezar, or that he warranted it was a bezar.-Post. 196. 469. S. C. Dyer, 75. ia marg. S. C. 2 Roll. Rep. 5. Yelv. 20. 1 Sid. 146. 1 Stra. 653. Salk. 289. 3 Bl. Com. 159. Dougl. 158. Action upon the case. Whereas the defendant being a goldsmith, and having (a) Cro. Eliz. 164. (b) In the report of this case in Yelverton 42. it is said, that three of the Judges, viz. Yelverton, Gawdy, and Popham, were of opinion that the action would not lie, 4 EASTER TERM, 1 JAC. 1. IN C. S. CRO.JAC.B. skill in jewels and precious atones, had a stone which he affirmed to Lopus to be a bezar-stone, and sold it to him for one hundred pounds; ubi revera it was not a bezar-stone : the defendant pleaded not guilty, and verdict was given and judgment entered for the plaintiff in the King's Bench. But error was thereof brought in the Exchequer-Chamber; because the declaration contains not matter sufficient to charge the defendant, viz. that he warranted it to be a bezar-stone, or that he knew that it waa not a bezar-stone; for it may be, he himself ws ignorant whether it were a bezar-atone or not. And all the justices and Barons (except Anderson)...
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Oscar Chess Ltd v Williams
...it". He means tint he binds himself to it. That is the meaning it has borne in English law for 300 years from the leading case of Chandelor v. Lopus (1603), Croke's Reports, James I, Volume 3, page 4, onwards. During the last fifty years, however, some lawyers have come to use the word "war......
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Schawel v Reade
... ... Reade responsible if they are decided against him. The first question you have to try is, Did the defendant at the time of the sale represent to ... 565; Chandelor v. Lopus ( 1 ); Salmon v. Ward ( 2 ). In Benjamin on Sales (4th Ed.), p. 607, a warranty is ... ...