express warranty

There being an express warranty, that must be taken to contain the entire contract on the part of the seller.

See "Warranty." EXPRESSA NOCENT; NON EXPRESSA non nocent. Things expressed may be prejudicial; things not expressed are not. Calv. Lex.; Dig. 50. 17. 19. 5. EXPRESSA NON PROSUNT QUAE NON expressa proderunt. Things expressed may EXPRESSIO EORUM QUAE TACITE INsunt nihil operatup. The expression of those things which are tacitly implied operates nothing. 2 Pars. Cont. 28; 4 Coke, 73; 5 Coke, 11; Hob. 170; 3 Atk. 138; 11 Mees. & W. 569; 7 Exch. 28. EXPRESSIO UNIUS EST EXCLUSIO AUterius. The expression of one thing is the exclusion of another. Co. Litt. 210; Broom, Leg. Max. (3d London 7d.) 596; 2 pars. Cont. 28; 16 Mees. & W. 244; 2 Curt. (U. S.) 365; 6 Mass. 84; 11 Cush. (Mass.) 328. That which is implied and is general is restricted by that which is expressed and is particular and specific. 163 111, 343. EXPRESSUM FACIT CESSARE TACltum. That which is expressed puts an end to (renders ineffective) that which is implied. Smith, Cont. (2d Ed.) 390; 5 Bing. N. C. 185; 6 Barn. & C. 609; 2 Cromp. & M. 459; 2 El. & Bl. 856; 7 Mass. 106; 24 Me. 374; 6 N. H. 481; 1 Doug. (Mich.) 330; 4 Wash. C. C. (U. S.) 185. EXPRESSUM SERVITIUM REGAT VEL declaret tacitum. Let service expressed rule, or declare what is silent. EXPROMISSIO (Lat.)

In civil law. The species of novation by which a creditor accepts a new debtor, who becomes bound instead of the old, the latter being released. 1 Bouv. Inst, note 802. See "Novation."

One expressed by particular words. 2 Bla. Com. 300. The statements in an application for insurance are usually construed to constitute an express warranty. 1 Phil. Ins. 346. See Warranty. EXPR0MISSI0 (Lat). In Civil Law. The species of novation by which a creditor accepts a new debtor, who becomes bound instead of the old, the latter being released. See Novation.

In contracts and sales, one created by the apt and explicit statements of the seller or person to be bound. See Borrekins v. Bevan. 3 Rawle (Pa.) 36, 23 Am. Dec. 85; White v. Stelloh, 74 Wis. 435, 48 N. W. 99; Danforth v. Crookshanks, 68 Mo. App. 316. In the law of insurance, an agreement expressed in a policy, whereby the assured stipulates that certain facts relating to the risk are or shall be true, or certain acts relating to the same subject have bsen or shall be done. 1 Phil. Ins. (4th Ed.) p. 425; Petit v. German Ins. Co. (C. C.) 98 Fed. 802 ; Ætna Ins. Co. v. Grubs, 6 Minn. 82 (Gil. 32); Insurance Co. v. Morgan. 90 Va. 290, 18 S. E. 191.

Defined under Warranty in Black's Law Dictionary.

One expressed by particular words. 2 Bl. Comm. 300. In the law of insurance. An agree ment expressed in a policy, whereby the assured stipulates that certain facts relating te the risk are or shall be true, or certain acts relating to thesame subject have been or shall. be done, 1 Phil. lus. (4th Ed.) p. 425. Expressa nocent, non expressa non nocent. Things expressed are [may be] prejudicial; things not expressed are not. Express words are sometimes prejudicial, which, if omitted, had done no harm. Dig. 30, 1, 52; Id. 50, 17, 195. See Calvin. Expressi non prosunt que non expressa proderunt. 4 Coke, 73. The ex: pression of things of which, if unexpressed, one would Lave the benefit, is useless. Expressio eorum qua tacite insunt nihil operatur. The expression or express mention of those things which are tacitly implied avails nothing. 2 Inst. 365. A man's own words are void, when the law speaketh ply without them are mere words of abundance, 6 Coke, 11. Expressio unius est exclusio alterius. The expression of one thing is the exclusion of another. Co. Litt. 210a@. The express mention of one thing [person or place] implies te exclusion of another. Eixpressio unius persons: est exclusio altering. Cv. Litt. 210. The mention of one person is the exclusion of another, See Broom, Max. 651. Expressum facit cessare tacitum. That which is expressed makes that which is implied to cease, [that is, supersedes it, or controls its effect.} Thus, an implied covenant in a deed is in all cases controlled by an express covenant. 4 Coke, 80; Broom, Max. 651. Expressum servitium regat vel de- Claret tacitum. Let service expressed rule or declare what is silent.

In conveyancing. A warranty in a deed expressed by particular words, (such as warrantizo, 1 warrant;) as distinguished from that which was implied by law from other words, (such as dwli, I have given.) 2 Bl. Com. 300, 301. See Dedi. In the law of insurance. An agreement expressed in a policy, whereby the assured stipulates that certain facts relating to the risk are or shall be true; or certain acts relating to the same subject have been or shall be done. 1 Phillips on Ins, 346.