368 THE ADVENTURES OF A GENTLEMAN 



the defendant, at Winnel fair, in the month of March 

 for thirty guineas ; and the defendant warranted her 

 sound, and free from vice and blemish. Soon after 

 sale, the plaintiff discovered that she was a roarer, 

 had a thorough pin, and a swelled hock from kicking, 

 but he kept her three months after this discovery, 

 during which time he gave her physic, and used other 

 means to cure her. At the end of three months he 

 sold her; but she was soon returned to him as un- 

 sound. After she was so returned, the plaintiff kept 

 her till October, and then sent her back to the defen- 

 dant as unsound, but he refused to receive her. On 

 her way back to the plaintiff, she died, and on being 

 opened, it was the opinion of the farriers, that she 

 had been unsound for a full twelvemonth before her 

 death. The plaintiff had never communicated her 

 unsoundness to the defendant, although he had been 

 in frequent intercourse with him. 



Lord Loughborough observed, " When there is an 

 express warranty, the warrantor undertakes that it is 

 true at the time of making it. If a horse which is 

 warranted sound at the time of sale, be proved to 

 have been at that time unsound, it is not necessary 

 that he should be returned to the seller. No length 



