IN SEARCH OF A HORSE. 271 



be implied, but that, in order to make the seller 

 liable for unsoundness, he must have given an 

 express warranty. It is, however, to be observed, 

 that if the seller makes any representations as to 

 the horse, (though it be not intended as a warranty,) 

 and that representation be falsely made, he is liable 

 in damages for the fraud; and the buyer is not 

 bound to keep the horse, the contract being void, ah 

 initio, for the fraud; but the seller is liable in these 

 cases only ; and, therefore, my readers will recollect, 

 that in buying a horse, they ought to take an express 

 warranty of soundness, or they will otherwise be 

 without remedy if the horse proves unsound, unless 

 they can prove representations falsely, and therefore 

 fraudulently made ; and the same remarks apply to 

 age, freedom from vice, «&c., and generally to all the 

 horse's qualities. 



I propose to classify the cases to which I shall 

 refer under the three heads that I have mentioned, 

 Implied Warranty — Fraudulent Representation — and 

 Express Warranty. Some of them, however, will be 

 perceived to have an indirect bearing upon either 

 subject ; and some will appear a little conflicting with 



