An implied warranty may also re- sult from the usage of a particular trade; 2 Disney 482; 4 Taunt. 847. In a sale by description of goods not inspected by the buyer, there is an implied warranty that the goods are salable or merchantable; 24 Wisc. 508; 21 Ia. 508; 53 N. Y. 518;4 Camp. 144; 76 Ga. 629; 16 Or. 381; but see 23 Me. 212: and an express warranty of quality excludes any implied warranty that the articles sold are merchantable or fit for their intended use; 134 U. S. 306. It has been held that words of description consti- tute a warranty that the articles sold are of the quality and description so described; 11 Pick. 99; 3 Rawle 23; but the better opinion has been said to be that the words of description constitute not a warranty of the description, but a condition precedent to the seller's right of action, that the thing which he offers to deliver, or has de- livered, should answer the description; 4 M. & W. 39. Where the buyer relies on the seller's skill and judgment to supply him an article, there is an implied warranty that the article will suit the desired pur- pose; 2 M. & G. 279; Benj. Sales § 661. Finally, it is said that that there is always an implied warranty in sales of provisions for household use; 18 Pick. 57; 18 Mich. 51; 50 Barb. 116. But see Benj. Sales § 670. In the sale of commercial paper without indorsement or express assumption of lia- bility on the paper itself, the contract of sale and the obligations which arise from it as between vendor and vendee are gov erned by the common law relating to the sale of goods and chattels; and the un- doubted rule is that in such a sale the obli- gation of the vendor is not restricted to the mere question of forgery vel non, but depends on whether he has delivered that which he contracted to sell, this rule being designated in England as a condition of the principal contract, and in this country being generally termed an implied war- ranty of identity of the thing sold; 163 U. S. 385. The rule of the civil law was that a fair price implied a warranty of quality; Dig. 21. 2. 1. This rule has been adopted in Louisiana; 1 La. Ann. 27; and in South Carolina; 1 Bay 324. There may be an implied warranty as to character; 13 Mass. 139; 2 Harr. & G. 495; 20 Johns. 204; 4 B. & C. 108; and even as to quality, from statements of the seller; 40 Me. 9; 24 Barb. 549. See 2 Misc. Rep. 295. A purchaser may examine an article and exercise his judgment upon it, and at the same time protect himself by a war- ranty; 158 Mass. 178; but if he elects not to accept the property as not answering the warranty, there is no duty imposed upon either party thereafter to make fur- ther tests or experiments to see whether the property complies with the warranty; 9 U. S. App. 550. It is settled that in an executory agree- ment the vendor warrants, by implication, his title to the goods which he promises to sell, and that in the sale of an ascertained specific chattel, an affirmation by the vend- or that the chattel is his is equivalent to a warranty of title, and that this affirma- tion may be implied from his conduct as well as his words. It is further said that the present rule in England is, in the ab- sence of such implication or affirmation, that the sale of a personal chattel implies an affirmation by the vendor that the chat- tel is his, and, therefore, he warrants the title, unless it be shown by the facts and circumstances of the sale that the vendor did not intend to assert ownership, but only to transfer such interest as he might have in the chattel sold; Benj. Sales 627, 639. As to the goods in the possession of the vendor, there is an implied warranty of title; but where the goods sold are in pos- session of a third party at the time of the sale, then there is no such warranty: 36 Me. 501; 28 Miss. 772; 2 Kent 478; 8 Mont. 380; 25 Neb. 360; 39 Kan. 365; 47 Minn. 500; 122 Pa. 7; contra, 3 Term 58; 17 С. B. N. 8. 708. An implied warranty of quality exists ins cases of the sale of food provisions on grounds of public policy, but the exception is limited to sales for immediate consump- tion; 73 N. W. Rep. (Minn.) 163; 145 Mass. 439; 49 N. E. Rep. (III.) 210. See 18 N. Y.