A sells B a horse and verbally warrants him sound. A gives B a paper reading, "Bought of A a horse for…
Under the second proviso to section 95, a separate oral agreement on a matter on which the document is silent, and not inconsistent with it, may be proved. Illustration (g)…
Choose your answer
A sells B a horse and verbally warrants him sound. A gives B a paper reading, "Bought of A a horse for thirty thousand rupees". May B prove the verbal warranty?
Answer and explanation
Correct answer C
Under the second proviso to section 95, a separate oral agreement on a matter on which the document is silent, and not inconsistent with it, may be proved. Illustration (g) to section 95 says B may prove the verbal warranty of soundness, as the paper is silent on it, so the answer is "Yes, B may prove the verbal warranty". The informal paper does not purport to contain every term.
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