360 THE ADVENTURES OF A GENTLEMAN 



sold it two or three days afterwards to the defen- 

 dant for <£30. Osborne, Bailey, and the defendant, 

 sold it without a warranty. After it had thus re- 

 turned into the defendant's possession, he discovered 

 that it was unsound at the time that he first pur- 

 chased it from the plaintiff, and he offered to return 

 it to him. The plaintiff refused to take it back, not- 

 withstanding he had warranted it, and brought an 

 action against the defendant to recover the price for 

 which he had sold it to him. These were the facts 

 of the case, and it was held that, 



'' A person who has purchased a horse warranted 

 sound, and then sold it again, and then re-purchased 

 it, cannot, on discovering that the horse was un- 

 sound when first sold, require the original vendor (to 

 himself) to take it back again : nor can he, by reason 

 of the unsoundness, resist an action by such vendor 

 for the price ; but he may give the breach of war- 

 ranty in evidence in reduction of damages. 



" Semble : That the purchaser of a sjjecific chattel 

 under warranty, having once accepted it, can, in no 

 instance, return the chattel, or resist an action for 

 the price on the ground of breach of warranty, unless 

 in case of fraud, or express agreement, authorizing 

 the return, or by consent of the vendor. 



