278 THE ADVENTURES OF A GENTLEMAN 



articles of trade, is left uncertain as respects the 

 horse. 



Gray v. Cox, 1 C. and P., 184. — " If a commodity 

 having a fixed value, is sold for a particular purpose, 

 and it turns out unfit, an action lies, though there 

 has been no warranty." 



Abbott, C. J. on the trial : " I think at present it 

 is not a case for a nonsuit. My direction to the jury 

 will be on the case as it now stands, that where a 

 commodity having a fixed price or value, which dis- 

 tinguishes this from the case of a sale of a horse, 

 which has no fixed value, — where, I say, such com- 

 modity is sold for a particular purpose, it must be 

 understood that it is to be reasonably fit and proper 

 for that purpose ; and when I say, reasonably fit and 

 proper, I mean that a few defective sheets will not 

 show that it is not fit and proper;" The verdict was 

 for the plaintifi", and a rule nisi was obtained for a 

 new trial. On the argument Mr. Justice Littledale 

 observed, that " the case of Chandelor v. Lopus (here- 

 after quoted) went much too far." The case was re- 

 served for further argument ; but I cannot find that 

 the argument was ever resumed. I apprehend the 

 meaning of a horse wanting a 'fixed value,' simply 



