370 THE ADVENTURES OF A GENTLEMAN 



also observed, that if the plaintiff would rescind the 

 contract entirely, he must do it within a reasonable 

 time ; and, that, as he had not rescinded the contract, 

 he could only recover damages ; and then the question 

 was, what was the difference of value between horses 

 of four and five years old. 



The following case of Patteshall v. Tranter, 4 

 Neville and Manning, 649, is a very important case 

 on the doctrine of reasonable time in a case of 

 unsoundness. The cause was tried before Mr. Jus- 

 tice Park, at Hereford, 1835, and it appeared that 

 the defendant had sold the horse with a warranty of 

 soundness, it being at the time unsound. Shortly 

 after the sale, the plaintiff discovered that the horse 

 was unsound, but without giving notice to the defend- 

 ant, he kept it for nine months, during which he 

 gave it physic, and used other means to cure it ; he 

 had also cut its tail. He then offered to return the 

 horse, but the defendant refused. It was contended 

 that the plaintiff was entitled to recover the difference 

 between the value and the price given. On these 

 facts the plaintiff was non-suited ; and on moving for 

 a new trial, the old case of Fielder v. Starkin having 

 been quoted, and also Adams v. Richards, (both of 



