142 BOARD OF AGRICULTURE. 



warranty of -the articles sold, although not a word about war- 

 ranty is said at the time of sale. ' • 



A vendor of provisions is held to be responsible upon his 

 warranty that the articles of food sold by him are sound and 

 wholesome ; the very offer of sale implies this. 



So where the vendee wishes an article or an animal for a 

 particular purpose, and that purpose is specifically named to 

 the vendor, and the vendor undertakes to offer, and does offer, 

 for sale an article or animal to supply the specific want, there 

 is an implied warranty that it is suitable for the purjDose for 

 which it is sold, and the vendor will be liable, as much so, upon 

 his warranty, as though in express terms he had warranted it 

 to the purchaser. 



And although the purchaser does not specifically enumerate 

 the purpose for which he desires the property, if the vendor 

 uses any expressions equivalent to a warranty, like " he is all 

 right," or "he is sound," or similar ones, he will be held to 

 have warranted the property just as strongly as though he had 

 said " I will warrant it all right," or " I will warrant it sound." 



Where there are no acts or words of the vendor which 

 amount to a warranty, exjjress or implied, and no fraud, 

 then the maxim, ''caveat emptor" "let the purchaser take 

 care," applies. 



A bill of sale of " one horse sound and kind," is a warranty 

 of soundness. And it makes no difference whether a horse is 

 sold for cash, or exchanged for another horse, any words used 

 or acts performed which amount to a warranty in a sale of a 

 horse, are none the less a warranty when used in an exchange 

 of horses. > 



The sentiment which has become so universal, that one may 

 almost regard it as a custom, " that one may cheat all that he 

 chooses in the exchange of horses," has not yet become a law, 

 and a contract " to swap " horses is regarded as valid and 

 binding upon the parties as any other, and the jDarties are held 

 in law as strictly accountable for every word used, and every 

 act performed, as though the contract had reference to any 

 other animal or article of merchandise, or any* bargain or 

 agreement between the parties. 



I am now admonished that the hour allotted me has nearly 

 passed. You will remember that the presentation of the 



