Sale of Goods-Warranty-Whether hawker proclaiming that his goods are in
good condition is giving a warranty or merely making a vocal advertisement.

An itinerant hawker who proclaims that the wares he carries are in
good condition does not warrant them to be serviceable.

Application For Revision

September 11, 1930. Owen J.: This appeal must be allowed.

A hawker wanders round the town of Omdurman with garden hoses
slung over his shoulder. He calls attention to his wares by shouting
lb,at they are "in good condition, serviceable and subject to trial."
The respondent bids, and after some argumen~, pays £E.1 for a pair.
When he affixes the hose to his garden tap, behold it spouts water
from the sides as well as from the end.

This is clearly a case where the maxim caveat emptor should
apply, and for that reason the applicant must succeed. The claim
of good condition and serviceability are not warranties. They are
mere vocal advertisement, and should deceive no one into reliance
on . them. ' When you buy garden hoses from a pedlar in Omdurman,
you should test them before you pay, not afterwards,

Application allowed