IN SEARCH OF A HORSE. 375 



force till twelve on the day after the sale, when the 

 sale should become complete, and the seller's respon- 

 sibility terminate, unless a notice and surgeon's 

 certificate of unsoundness were given in the mean 

 time. The rules were not particularly referred to at 

 the time of this sale and warranty. The horse 

 proved unsound, but no complaint was made till after 

 twelve the following day. The unsoundness was of 

 a nature likely not to be immediately discovered. 

 Some evidence was given to show that the defendant 

 knew of it, and the horse was shown at the sale 

 under circumstances favorable for concealing it. 

 After a verdict for the plaintiff, it was held that 

 there was sufficient proof of the plaintiff's having 

 had notice of the rules at the time of the sale, to 

 render them binding on him ; also, that the rule in 

 question was such as a seller might reasonably impose, 

 and that the facts did not show such fraud or artifice 

 in him as would render the condition inoperative. 



The unsoundness consisted of inflammation of the 

 navicular joint, which of course would be less per- 

 ceptible on the soft ground, on which it appeared 

 that the horse was shown. 



While I am on the subject of auctions, I may 



