344 THE ADVENTURES OF A GENTLEMAN 



have been noticed that Lord Ellenborough alludes to 

 it in the case of Elton v. Brogden, just quoted. The 

 following case, Liddard v. Kain, 9 Moore, 356, raised 

 the question, and it may be observed in passing, that 

 the doctrine of a continuing warranty, here estab- 

 lished, is very important. 



" Where the seller informed the buyer that one of 

 two horses he was about to sell him had a cold, but 

 he agreed to deliver both at the end of a fortnight, 

 sound, and free from blemish ; and at the expiration 

 of the time, the horses were delivered, but the cough 

 on the one still continued, and the other had a swollen 

 leg, in consequence of a kick he had received in the 

 stable ; and the seller brought an action to recover 

 the price, and the jury found a verdict for the pur- 

 chaser ; the court refused to grant a new trial, as the 

 warranty did not apply to the time of sale only, but 

 was a continuing warranty to the end of the fort- 

 night." 



On the question of a cough being unsoundness, 

 Chief Justice Best held, though the cough might be 

 a mere temporary unsoundness, yet it might eventu- 

 ally produce a disease on the lungs. It should be 

 noticed that Mr. Sergeant Wilde contended, in this 



