IN SEARCH OF A HORSE. 809 



But I admit that if this is good law, it certainly 

 would seem to apply only in such extreme cases as 

 the one here instanced : yet in Margetson v. Wright, 

 5 M. and P., 606, it was held that a warranty that a 

 horse was sound wind and limb, did not include crib- 

 biting, because it was expressly mentioned ; nor a 

 splentj because it was ai)parent ; vide also, 7 Bing. 

 603, and 8 Bing. 454. 



An absolute warranty may be given either ver- 

 bally or in writing, subject to one or two qualifica- 

 tions. It has been already seen, that by the statute 

 of frauds there must be a memorandum in writing, if 

 the horse is not delivered on the spot, either actually 

 or constructively ; or if money is not actually paid 

 as " earnest :" if in pursuance of the statute a writ- 

 ten memorandum is made, I think, though the cases 

 are somewhat contradictory, that it would be by far 

 the safer course, if not absolutely necessary, to in- 

 clude in the memorandum, the exact terms of the 

 warranty : vide the case of Pickering and Dowson, 

 before quoted. 



It is, as I have already observed, a general rule of 

 law, that where a written memorandum of agreement 

 exists, you cannot give parole evidence to carry that 

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