308 THE ADVENTURES OF A GENTLEMAN 



with a certain degree of speed, or other qualifica- 

 tions ; or be of a certain age, or not exceeding that 

 age : in short it amounts to this ; that certain con- 

 ditions being specified by the purchaser, the seller 

 will be liable for any difference in value, if those 

 conditions are not performed ; but it has been held 

 that a warranty against visible defects is bad in law, 

 the purchaser being expected not only to possess 

 ordinary skill, but to exhibit ordinary caution. 



In Dyer v. Hargrave, 10 Ves. 507, the Master of 

 the Rolls said it was held at law, that a warranty is 

 not binding where the defect is obvious, and put the 

 case of a horse with a visible defect : which doctrine 

 is also held in Bayley v. Mcrrel, Cro. Eliz. 389, 

 where the judge puts the case of a horse sold under 

 a warranty that he has both his eyes, when in fact 

 he has but one. 



These cases would seem to have been overlooked 

 by the author of the work, " The Law relating to 

 Horses," when he observes that the loss of an eye is 

 an existing unsoundness. The loss of an eye is a 

 patent defect, unless it arises from the disease called 

 "gutta Serena," or a paralysis ef the optic nerve 

 without any apparent injury. 



