i68 APPENDIX. 



decide. Spoken warranties are so difficult to prove that 

 most buyers tamely submit to receive in writing a warranty 

 in its barest form rather than be obliged to prove what was 

 said. 



Warranty by Representation. 



Otway Cave, M.P., v. Col??ian. — Mr. Cave wanted a horse 

 to carry him pleasantly in the parks. He saw and admired 

 one (Atticus) in Mr. Colman's stables, and inquired whether 

 he was suited for that purpose. Colman said that he could 

 not have a more showy or a finer horse, and that it would 

 suit him well. 



At Mr. Cave's request Attieus was taken into the yard and 

 mounted by one of the boys, when he kicked and plunged 

 furiously. Colman expressed much surprise at this bad 

 conduct of Atticus, and said that it must be owing to the 

 curb bridle, as he had never shown such symptoms before. 

 A snaffle-bridle was then tried, but he was as unmanageable 

 as ever. Colman then, seemingly, displayed more astonish- 

 ment. " It must have been occasioned," he said, " by the 

 horse not having been worked for two or three days." 



Mr. Cave declared that he could not comfortably or safely 

 ride a horse so viciously disposed. Colman assured him that 

 the horse was perfectly quiet and safe, and that his present 

 ill-humour was caused by tight girthing, or some accidental 

 thing, and was of no consequence. 



On the faith of this, representation Mr.. Cave bought the 

 horse ; and on the first day of his being taken into the park 

 he began to rear and plunge, and was accordingly returned. 



Colman refused to refund on two grounds :■ 4hat he had not 

 giveii a warranty J or, that if he had, it was of no use, as it 

 was give7i on a Sunday. 



No warranty seemed to be proved, but the Judge (Baron 

 Garrow) ruled, that the representation made by the plaintiff 

 was a sufficient warranty, and a verdict was accordingly 

 given for the plaintiff ( F<f/m;/^r2rt;/, vol. i. 344)- 



