IN SEARCH OF A HORSE. 307 



the design, they would be guilty of a conspiracy, of 

 which the criminal courts would take cognizance. 



My last head of the subject of warranty is much 

 simpler — warranty by an absolute undertaking that 

 the articles sold shall answet to a certain de- 

 scription. 



A very comprehensive definition of warranty is 

 given by very high authority. In Stuart v. WilkinSj 

 Doug. 20, Lord Mansfield lays it down, that " a 

 warranty extends to all faults known or unknown 

 to the seller." In a certain sense this is true. A 

 seller may undertake that his horse is free from 

 every fault, or vice, or disease of whatever descrip- 

 tion ; and if such an undertaking is given, it falls 

 within his lordship's, definition of a warranty. But 

 such warranties are gone out of fashion, and in these 

 times all warranties are usually limited to " sound- 

 ness," or to capabilities of a given description. 



A warranty by an absolute undertaking is easily 

 understood ; it is a distinct promise that the horse 

 shall be capable of all work, or of a certain descrip- 

 tion of work, or that he shall be exempt from all 

 diseases, blemishes, and imperfections ; or exempt 

 with certain exceptions ; or that he shall be gifted 



