IN SEARCH OF A HORSE. 323 



opinion of Lord Abinger, who still, however, adhered 

 to it, after the argument. Barons Rolfe, Alderson, 

 and Parke, w^ere the other judges. 



It is necessary for the purchaser to take care that 

 his warranty is very distinctly expressed, so as to fix 

 a liability with certainty upon the actual vendor ; for 

 in Symonds v. Carr, 1 Campbell, 361, it was held, 

 that if an agent for the sale of horses sells to a man 

 in one lot, and at one entire price, a horse belonging 

 to B, and another belonging to C, warranting both 

 horses to be sound, the purchaser cannot maintain an 

 action against B for the unsoundness of the horse 

 belonging to him, (B,) as upon the sale of that horse 

 separately, since the contract concerning the two 

 horses was entire, and in declaring on a contract it is 

 necessary to aver the entire consideration for the 

 warranty. 



Having made these general remarks, which are 

 applicable to all warranties of an absolute character, 

 whether general or qualified, I will proceed to the 

 usual warranty : namely, that of an absolute under- 

 taking for soundness ; and before I consider the 

 question, the all-important question, in what sound- 

 ness consists, I will mention two cases that refer to 



