Any person who sells, offers for sale or disposes of any gold, silver, plated ware, precious stones, watches, clocks and jewelry at public auction under the provisions of the preceding section shall truthfully describe the character, kind and quality of any items so sold, offered for sale or disposed of and such description shall be deemed a warranty of such items except with respect to judicial sales and sales by executors or administrators. Any breach of such warranty shall be a violation of this article. (Mont. Co. Code 1965, § 78-3.)