Saskatchewan, Canada
The following excerpt is from Knight Watson Ranching Co. v. C.P.R., 1920 CanLII 128 (SK QB):
Also at p. 39: Any affirmance or representations made at the time of sale is a warranty if it appears to have been so intended and understood by the parties; and in determining whether it was so intended a decisive test is whether the vendor assumes to assert a fact of which the buyer is ignorant, or merely states an opinion on a matter of which the vendor has no special knowledge, and on which the buyer may be expected to exercise his own judgment. (De Lassalle v. Guildford [1901] 2 K.B. 215, 70 L.J.K.B. 533.) Nor is it necessary that the statement or representation should be simultaneous with the close of the bargain;
At p. 40: If it be part of the contract, it matters not at what period of the negotiations it was made. (Hopkins v. Tanqueray, 15 C.B. 130, at p. 137, 2 C.L.R. 842, 23 L.J.C.P. 162.) If a statement amounts to a warranty the party making it is bound by his warranty. The fact that he may have made the statement in honest mistake, or that the statement may be not in a material matter, cannot be taken into consideration.
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