On the Sale and Purchase of Horses. 45 



race ; such, for instance, as default in payment 

 of former stakes or forfeits (see Kules 26, 27), 

 &c., &c. 



When the purchaser may return the horse ; 

 when he cannot return him, but may sue the 

 seller in an action at law ; and when he can do 

 neither, shall shortly be considered ; but before 

 doing so it will be well to call attention to the 

 distinctions well recognized by the lawyers, though 

 very imperfectly understood by others, between 

 a warranty and a mere representation because 

 unless this distinction is appreciated, the respective 

 rights and liabilities of the purchaser and seller 

 can never be rendered intelligible. 

 First, then, as to a warranty : 

 A warranty always forms, and by each of the 

 parties must, at the time of sale, be understood to 

 form, a part of this contract of sale. It is, in short, 

 a statement respecting the horse, coupled with an 

 undertaking or agreement on the part of the seller 

 that such statement is true and correct in every 

 respect. 



No particular form of words is necessary to 

 constitute a warranty ; nor need a warranty be in 

 writing, It is sufficient if the language used is 

 such that from it, it can fairly and reasonably be 

 inferred that both parties intended that a promise 



