1915. Present  : Wood Renton C.J. and Shaw J.

FRADD v. BROWN & CO., LTD.

41-D. C. Colombo. 35,186

Sale of goods-Warranty-Condition-Contract in writing-Verbal warranty-Evidence-Findings of fact based on credibility of witnesses-When Appeal Court may interfere.

An affirmation made by a vendor of goods at the time of sale is a warranty only if it appears, on evidence, to be so intended.

" It has frequently been pointed oat that when the question turns on the manner and demeanour of witnesses the Appellate Court should generally be guided by the impression made on the Judge who saw the witnesses; but there may obviously be other circumstances quite apart from manner and demeanour which may show whether a statement is credible or not, and those circumstances may warrant the Court in differing from the Judge, even on a question of fact turning on the credibility of witnesses whom the Court has not seen. Clearly also there may be cases in which it is apparent that the Judge has misapprehended the facts in evidence before him and in which he has failed to notice, or give doe weight to, other facts in evidence before him which tend to su