IN SEARCH OF A HORSE. 385 



of pleading, it involves matter of popular interest. 

 The warranty was, that the horse was worth £80, 

 that it was sound, was a young horse, and had never 

 been in harness. The plaintiff, however, limited 

 his declaration to a breach of that part of the war- 

 ranty which extended to his value and age. It was 

 objected that he had not set out the whole warranty, 

 but Lord Ellenborough ruled that this was unneces- 

 sary. Hence it follows that where the seller gives a 

 warranty extending to several particulars, he is 

 liable for a breach of any part of that warranty, 

 although on other parts he may have fulfilled his en- 

 gagement. If, for instance, he undertakes that the 

 horse is sound and five years old, he is liable should 

 the age be incorrect, although the horse may prove 

 perfectly sound. 



The obligations contingent upon hiring horses, and 

 the rights of innkeepers and liverymen, are so nearly 

 allied to the subject of my work, that I shall very 

 briefly notice one or two cases upon these topics. 

 In Handford v. Palmer, 2 Brod. and Eing. 359, it is 

 decided, that " a party who borrows a horse is bound 

 to keep it, unless an agreement is made to the con- 

 trary;" and it is to be observed, that the question 

 33* 



