I70 APPENDIX. 



establish a precedent of dangerous consequence. For the 

 liability created by a warranty extending to unknown as well 

 as known defects, is greater than is expected by persons 

 inexperienced in law, and as everything said by the seller in 

 bargaining may be evidence of warranty to the effect of what 

 he said, an unguarded conversation with an illiterate man 

 sent to deliver a horse may be found to have created a 

 liability which would be a surprise equally to the servant 

 and the master. We therefore hold that the buyer, taking 

 a warranty from such an agent as was employed in this case, 

 takes it at the risk of being able to prove that he had the 

 principal's authority, and if there was no authority in fact, 

 the law does not, in our opinion^ create it from the cir- 

 cumstances." 



Warranty and Patent Defects. 



"A general warranty does not usually extend to defects 

 apparent on simple inspection, requiring no skill to discover 

 them, nor to defects known to the buyer." (Benjamin on 

 Sales, 2nd Ed., 502.) 



Note. — In horse cases the above holds good in very few 

 cases indeed, and is not at ail to be relied on. 



Warranty and Skill in Buying. 



A buyer is not bound to exercise his skill when a warranty 

 is given. In Tye v. Fy?imore (3 Camp. 462), Lord Ellen- 

 borough said : — " He (the buyer) was not bound to exercise 

 his skill, having an express undertaking from the vendor as 

 to the quality of the commodity." 



