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Excerpt from The Law of Contracts, Vol. 2
Originally, the words warranty and guaranty were the same; the letter 9, of the Norman French, being convertible with the w of the German and English, as in the names William or Guillaume. They are now sometimes used indiscriminately; but, in general, warranty is applied to a contract as to the title, quality, or quan tity of a thing sold, which we have already considered under the head of sales and guaranty is held to be the contract by which one person is bound to another, for the due fulfilment of a prom ise or engagement of a third party.1 And this we shall now con sider.
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