IN SEARCH OF A HORSE. ' 295 



he cannot return the carriage because he afterwards 

 discovers that the axle is of the ordinary construc- 

 tion, unless he was expressly told the contrary. 

 So again, if his object is to purchase a new carriage, 

 and he finds that he has bought one recently painted 

 and vamped up, he cannot repudiate the contract, 

 unless he can show that it was sold to him as a 

 new one. Or once more, if he purchases an aged 

 horse, stale and worn out, he cannot rescind the con- 

 tract, unless he can prove a false representation that 

 it was young and fresh, or that he asked for a young 

 horse ; and even then perhaps, as regarded the fresh- 

 ness of the horse, it would be a matter on which it 

 would be held that his own judgment ought to be suf- 

 ficient to guide him. 



There are some instances in which the principle of 

 this maxim of caveat emptor applies, which are yet 

 more material for the purchaser to understand : if he 

 enters the stable to buy a hunter, a race-horse, or a 

 dray-horse, he must judge of the suitableness of the 

 animal for his purpose at his own peril ; unless, ac- 

 cording to the previous doctrine of implied warranty, 

 he distinctly and unequivocally avows his object, and 

 throws himself upon the judgment of the seller. The 



