Washington Law Review


J. Gordon Gose


The Uniform Sales Act was adopted by the legislature of the state of Washington m the extraordinary session of 1925. This act, patterned after similar legislation previously enacted in England, is designed to bring the law of the different states into conformity To effect this purpose the draughtsmen of the act largely codified the common law, but even where such a course was followed it is inevitable that the pre-existing law of some jurisdictions must be overruled. It is the purpose of the present discussion to consider the provisions of the Sales Act relative to implied warranty of quality in order to determine the proper interpretation to be given thereto, and then in the light of such principles to note the effect on the Washington law as previously announced by the Supreme Court of this state. Resort must be had for purposes of construction to the English and American cases construing the respective acts, since as yet no case involving this portion of the act has been decided in the state of Washington and the cases decided previously are in numerous instances valueless as authority under the Sales Act.

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