Byrne

1. It is apparent that defendant made no express warranty as to the quality or condition of the wool in question. *627 The conversation had between the defendant and the plaintiff’s agent, O’Connell, did not amount to a warranty. O’Connell- had dealt in wool in the county of San Bernardino for a number of years. He kneAv the defendant’s sheep and the range on which they ran. He evidently had an opinion of his own, founded upon his personal knowledge of the defendant’s business, as to the quality of defendant’s wool, and he stated at the trial that the defendant’s wool “was supposed to be as good as any in the county.” There is nothing in the circumstance that the defendant expressed a somewhat favorable opinion of his wool, that he indulged an opinion that, while Mr. Conn’s wool might be a little finer than his own, his was fully as profitable as Conn’s for manufacturing purposes. This was mere praise of his own property—the simplex commendatio which is allowable in making a trade, and is not held, by the rule of the common law, to amount to a warranty.

2. Nor do we think that the court below erred in holding that under the circumstances attending the sale there was no implied…