IN SEARCH OF A HORSE. 349 



tice will be better attained bj sending the cause to a 

 second inquiry." 



I have before adverted to this doctrine, that appa- 

 rent defects are not contemplated by a warranty of 

 soundness ; but if it is sound doctrine, it certainly 

 is to be received with considerable qualification : 

 namely, that the defect must be so unequivocal 

 as to be visible to a common observer : except with 

 this reserve, it is difficult to reconcile it with the 

 case of Buchanan v. Parnshaw, 2 Term Reports, 745, 

 where an action was held to be maintainable for 

 breach of warranty, that a horse was twelve years 

 old, when it had been represented to be only six. 

 Now the age of a horse, if he exceeds eight, is a 

 patent defect ; and consequently, upon the doctrine 

 laid down in Margetson v. Wright, an action would 

 not be maintainable upon such a representation. 

 There is the case, however, before mentioned, of 

 Budd V. Fairmaner, in 8 Bingham, 48, where the 

 warranty being, "Received £10, for a grey four- 

 year old colt, warranted sound," it was held 

 that the action did not lie," though the colt proved 

 to be only three. But to return from this digres- 

 sion — 



30* 



