Does the warranty as to durability of a machine warranty extend to a machine made of good material and durable with good care and proper usage?
Saskatchewan, Canada
The following excerpt is from Ontario Wind Engine v. Bunn, 1915 CanLII 205 (SK CA):
It was contended, on the authority of Sawyer-Massey v. Ritchie, ante, that this clause only referred to the failure to make the machine operate well, or at most did not cover the warranty as to durability. In Sawyer-Massey v. Ritchie the warranty in part was as follows:— It is warranted to be made of good material and durable with good care and with proper usage and skilful management to do as good work as any of the same size sold in Canada. If the purchasers, after trial, cannot make it satisfy the above warranty, written notice shall within ten days after starting be given both to the company at Winnipeg, et c.
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