Goulding v. Skinner
-Machine cards weren’t good; Goulding sues Skinner to recover damages for breach of warranty
-Prevailing rule of the 18th Century was that a sound price warrants a good commodity
-Implied warranty of merchantability
-Court says that if you want a warranty then ask for one
-Court refuses to remake contracts through equitable interpretation
-In McFarland v. Newman
(1839), court rules that in the absence of an express warranty, the
rule is caveat emptor (this rule gives finality to bargains)
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