IN SEARCH OF A HORSE. 373 



I should have mentioned before the case of Hop- 

 kins V. Appleby, 1 Starkie, 477, as a case in point, 

 as to a reasonable time for return, where express 

 stipulation is made. Lord Ellenborough there ruled, 

 that "where an objection is made to an article of sale, 

 common justice and honesty require that it should 

 be returned at the earliest period." But if a return 

 cannot be insisted on, without express stipulation, as 

 appears to be decided in Street v. Blay, this case is, 

 comparatively, of little importance. 



I have referred to the case of Buchanan v. Parn- 

 shaw, though upon a dilBferent point ; it was held in 

 that case, that if a horse sold at a public auction be 

 warranted sound, and six years old, and it be one of 

 the conditions of sale, that he should be deemed 

 sound, unless returned in two days, this condition 

 applies only to the warranty of soundness. 



This is a liberal construction of the rule, that the 

 time fixed for return must be rigorously adhered to ; 

 though it must be observed, at the same time, that it 

 was rather considered that the rule did not include 

 the age, than, that if it had done so, it could be 

 relaxed. This case of Buchanan v. Parnshavf, was 

 distinguished from the case of a notice board fixed 

 32* 



