IN SEARCH OF A HORSE. 347 



Margetson v. Wright, 8 Bingham, 454, where it is 

 held, that as some splents cause lameness, while oth- 

 ers do not, a splent is not one of those patent defects 

 against which a warranty is inoperative ; and also 

 that the defendant having warranted a horse sound 

 at the time of the contract, and the horse having after- 

 wards become lame from the effects of splent invisible 

 when the defendant sold him, the defendant was 

 liable on his warranty. 



The case had been before the court on a former 

 occasion, (vide 7 Bingham, 603,) when it appeared 

 that the defendant had warranted the horse to be 

 sound, wind and limb, at the time of the bargain, and 

 sold it for ^90 ; it was a race-horse, which had 

 broken down in training, and was affected with 

 splent — circumstances which were disclosed to the 

 plaintiff, and but for which the horse would have 

 been worth X500. It was held that this warranty 

 did not import that the horse was fit for the purposes 

 of an ordinary horse. 



This case is doubly important, because it was also 

 held, that defects apparent at the time of warranty 

 are not included in it. 



Chief Justice Tindal ; " Two subjects which might 



