IN SEARCH OF A HORSE. 367 



chase money, if, on trial, he shall be found to have 

 any of the defects, mentioned in the warranty, the 

 buyer must return the horse as soon as ever he discovers 

 any of the defects, in order to maintain an action 

 on the warranty, unless he has been induced to pro- 

 long the trial by any subsequent misrepresentation of 

 the seller ; in such case, the term " trial" means a 

 reasonable trial. 



In this case, six months had elapsed, although vice 

 had been speedily detected. The authority of Fielder 

 V. Starkin, was fully recognized by the court. 



The case of Fielder v. Starkin, to which I have 

 just referred, and to which Lord Tenterden alluded 

 in the case of Street v. Blay, is to be found in H. 

 Blackstone, 17 ; and as it is a leading case, and in- 

 volves another question of an important practical 

 character, whether it is necessary to give the seller 

 notice of the unsoundness, I shall quote it at length. 



It was held that " where a horse had been sold, 

 warranted sound, which it can be clearly proved was 

 unsound at the time of sale, the seller is liable to an 

 action on the warranty without either the horse being 

 returned, or notice given of the unsoundness." 



The plaintiff had bought the mare in question of 



