270 THE ADVENTURES OF A GENTLEMAN 



lif>rse unused to harness, and consequently unsafe, 

 the dealer is liable for the breach of his implied 

 warranty, and for all damages sustained in conse- 

 quence ; hence the purchaser might not only recover 

 back the price which he had paid, but compensation 

 for any injury done by the horse to his carriage or 

 his person. 



But this kind of implied engagement relates to 

 the fitness of the article for its purpose, rather than 

 its goodness or soundness. Besides, it is not often 

 practicable to give satisfactory evidence of the exact 

 intercourse between the parties on the sale of the 

 goods, especially in the case of horses ; hence, a 

 purchaser is generally unwilling to be satisfied with 

 an implied engagement, depending on the vendor's 

 knowledge of the purpose for which the animal is 

 required. He therefore exacts an express undertaking 

 as to the quality of soundness, and such an under- 

 taking is called a warranty. 



Though the word "warranty" applies to such 

 undertakings in all cases, it is a phrase most com- 

 monly used in horse-dealing transactions. 



It is clearly established, more particularly in the 

 case of horses, that a warranty of soundness cannot 



