3G6 THE ADVENTURES OP A GENTLEMAN 



it, as if the contract had not been made, for the de- 

 fendant has derived an intermediate benefit in conse- 

 quence of the bargain, which he would still retain ; 

 but he is entitled to reduce the damages, as he has a 

 right of action against the plaintiff for the breach of 

 warranty. The damages to be recovered in the pre- 

 sent action have not been properly ascertained by 

 the jury, and there must be a new trial, unless the 

 parties can agree to reduce the sum for which the 

 verdict is to be entered." 



I have quoted this case at great length, because, 

 confirmed as it is by the opinion of Lord Lyndhurst, 

 already quoted, it seems to establish the point be- 

 yond dispute, that the purchaser of an unsound horse 

 cannot return him, and treat the contract as void, 

 unless a special condition has been inserted in the 

 contract that he should be entitled to return it. I 

 may quote, however, an additional authority, which 

 bears upon the case, where such a stipulation has 

 been made ; it is the case of Adam v, Richards, 2 H. 

 B. 573, where it is held, that though on the sale of a 

 horse, there is an express warranty by the seller, that 

 the horse is sound, free from vice, &c., yet if it is ac- 

 companied with an undertaking on the part of the 

 seller to take the horse again, and pay back the pur- 



