IN SEARCH OF A HORSE. 277 



then be allowed to give parole evidence of any war- 

 ranty not contained in the written agreement itself ; 

 and the question is therefore reduced to the construc- 

 tion of the words of the agreement as contained in 

 the order." 



It may not be inexpedient to observe to an unpro- 

 fessional reader, that in this case, the defendant, by 

 specifically describing the article that he wanted, 

 took upon himself entirely the risk of its answering 

 his purpose, and though he explained what that pur- 

 pose was, he did not offer to throw on the seller a-ny 

 of the responsibility of the article proving unfit for 

 it : he seems to have relied exclusively on his own 

 judgment, and consequently he relieved the seller 

 from any implied warranty that his apparatus would 

 answer the end desired. This will distinguish the 

 case from Gray v. Cox. 



In the preceding cases the doctrine of implied war- 

 ranty seems to be very intelligibly laid down ; but in 

 the case which I am about to quote, relating to a sale 

 of copper in sheets, and which it is much to be re- 

 gretted, does not appear to have been solemnly 

 argued, although the same principle of warranty by 

 implication is partially confirmed as respects other 

 24* 



