A Treatise On Warranty in Fire Insurance Contracts

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It is quite impossible to understand how a promise to do a certain act, for which a con- sideration has been given, can be called, or much the less be considered, a warranty or a promissory warranty, or anything else in law but an executory contract or agreement. A warranty or a promissory warranty, if such an anomaly in law can exist, must include in its terms and operation the existing order or con- dition of the property insured, coupled to the future that it shall so remain without change o
...r WARRANTY IN FIRE INSURANCE. 167 addition. The promissory warranties and rep- resentations, to be found in the books, almost invariably turn upon a promise as to some matter or thing or condition connected with the property insured, not in existence at that time, but which the insured must do or bring into existence in the future in connection with the property insured. Judge Jewett has used the word warranty regardless of its legal mean- ing, import or effect, as is so common with both judges and text-writers.

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