IN SEARCH OF A HORSE. 369 



of time elapsed after the sale, will alter the nature of 

 a contract originally false. Neither is notice neces- 

 sary to be given ; though the not giving notice will 

 be a strong presumption against the buyer, that the 

 horse, at the time of sale, had not the defect com- 

 plained of, and will make the proof on his part much 

 more difficult. The bargain is complete, and if it be 

 fraudulent on the part of the seller, he will be liable 

 to the buyer in damages, witJiout either a return or 

 notice.'' 



Mr. Justice "Wilson, in delivering the same opinion 

 referred to a case tried before Mr. Justice Buller, 

 at Nisi PriuSy where the defendant had sold the 

 plaintiff a pair of coach horses, and warranted them 

 to be six years old, while they were only four : and it 

 was contended, that the plaintiff ought to have re- 

 turned the horses, but held by Buller, that the ac- 

 tion might be supported without a return. On turn- 

 ing to this case, however, which is mentioned by 'Mr. 

 Justice Buller himself, in Towers v. Barrett, 1 T. R. 

 136, the learned judge seems to have expressed him- 

 self a little at variance with the doctrine that is 

 founded by Mr. Justice Wilson upon this decision. He 

 certainly ruled that no return was necessary, but he 

 32 



