Even then, if the buyer has
examined the goods and has discovered a defect, there is no warranty.
The burden of showing that he has made known his purpose and that he
has relied on the seller is on the purchaser who claims the existence
of an implied warranty.

There is another implied warranty, that of the seller's title, when he
is in possession of the goods. This is limited to persons who are
acting for themselves, and not agents, trustees, officers of the law,
who are acting for others. An innocent purchaser of goods, therefore,
for a good consideration obtains a good title, even from a vendee who
has obtained them by fraud, as against the original vendor. This rule,
though very broad, does not prevent a lawful owner from recovering his
property. Thus, if a farmer's oxen were stolen and the thief should
sell them as his own, and the purchaser should pay for them,
nevertheless the farmer could recover them. The only exception to this
rule is negotiable paper. This is made in order to surround it with
greater protection.

Where goods are sold by sample there is a warranty that the goods will
be like the sample, but there is no warranty of the sample itself. In
one of the well-known cases hops were sold by sample, and after the
hops had been delivered the discovery was made that they had been
injured by heating. The buyer sued though failed to recover anything,
for it was proved that they were like the sample, which had been shown
several months before, and at that time the heating had not begun. As
they were sold at the earlier period, their condition at the time of
the delivery did not affect the sale. See _Deceit_; _Sale_.

=Will.=--A will is a disposition of one's property to take effect
after his death. He is called a testator, and must possess a sound
mind to make an effective will. He must be able to comprehend what he
is doing. Wills are often contested on the ground that the testator's
mind was feeble and that undue influence was exercised over him in
disposing of his property. Married women can make wills like their
husbands and so can a minor in many states.

All of the states have enacted statutes on the subject which require
various things; one of the most important is the witnessing of wills.
Generally, three witnesses are required. An eminent judge, not long
since, made a will to please his wife leaving a large sum to found an
institution. He was opposed to the thing. The astute judge had no
witne