374 THE ADVENTURES OF A GENTLEMAN 



up in the yard of a seller by commission in Best v. 

 Osborne, 2 Carrington and Payne, 74; it was here 

 held, that where such a notice is fixed up in a private 

 yard, it was a question for the jury to consider 

 whether the purchaser bought, subject to that notice. 

 This last mentioned case of Best v. Osborne, where 

 it first came before the court, in 1 Carrington and 

 Payne, 632, deserves attention upon another point 

 not connected with my present subject. The war- 

 ranty had been fraudulently recovered back from the 

 purchaser by Osborne's son, and the purchaser was 

 precluded from giving evidence of its terms because 

 he was unable to prove the son to have acted as his 

 father's agent. 



A recent case is reported in 1 Adolphus and Ellis? 

 508, in which the obligation of the purchaser to take 

 notice of the condition of return posted up in the 

 place of sale is emphatically decided. It is the case 

 of Bayswater v. Richardson. The plaintiff bought 

 a horse, warranted sound, by private contract at a 

 repository. At the time of sale there was a board 

 fixed to the wall of the repository having certain 

 rules printed upon it : one of which was, that a war- 

 ranty of soundness there given, should remain in 



