48 Horse Racing. 



the same state and condition as he was at the 

 time he was received. 



For a simple breach of warranty the only remedy 

 is an action for damages ; the measure of such 

 damages being the difference between the horse 

 as he really was at the time of the sale, and the 

 value of which he would have been had he been 

 as he was warranted to be ; and also such expenses 

 as have been fairly and reasonably incurred by 

 reason of that breach of warranty. 



Subject to what has already been stated, a pur- 

 chaser who has been induced by the fraud of the 

 seller to purchase a horse may either return him 

 and recover back the price, or sue for the damages 

 which he has sustained. 



For a mere representation made without fraud, 

 which turns out to be untrue, the purchaser has 

 no remedy whatever. 



As a general rule it may be taken that, in all 

 cases, where there is no writing binding the par- 

 ties, the question whether there was a warranty 

 or not or whether there was fraud on the part of 

 the seller, is one of fact to be determined by a 

 jury, if the parties do not agree upon any other 

 tribunal to settle their differences. 



