314 THE ADVENTURES OF A GENTLEMAN 



In Richardson v. Brown, 8 Moore, 388, where 

 the plaintiff brought an action to recover the price 

 of a horse sokl under the following warranty — " A 

 black gelding, about five years old, has been con- 

 stantly driven in the plough — warranted;" it was 

 held that the terms of such warranty applied to the 

 soundness of the horse, rather than to the nature of 

 his employment.* 



I have already adverted to the necessity of a 

 warranty being given previously to or cotempora- 

 neously with the purchase : if given afterwards it 

 makes for nothing, because it is considered in law 

 that the purchase money having been already paid 

 or promised, a subsequent warranty is without con- 

 sideration, and consequently invalid ; but words sub- 

 sequently used may acknowledge that a warranty was 

 given at the time of contract, and the following case 

 is quoted on that point : — 



Payne ' against Whale, 7 East, 274.^^" After a 



* The careful reader will observe that this is much at variance 

 with the dictum of Mr. Justice Alderson, quoted in the preceding 

 page, that if the word " warranted " had been the last word, it 

 would have included the preceding representation. I incline to 

 the soundness of Mr. J. Alderson's opinion. 



