REPOSITORIES AND AUCTIONS. 45 



which the purchaser must give notice of any breach of 

 warranty ; and if he neglect to do so, he has no remedy 

 unless such condition has been rendered inoperative by 

 fraud or artifice. This subject was fully considered by 

 the Court of King's Bench in the following case : — A 

 Horse was bought by private contract at a Repository, 

 warranted sound. At the time of sale there was a board 

 fixed on the wall of the liepository having certain rules 

 painted upon it, one of which was that a warranty of 

 soundness then given, should remain in full force until 

 noon of the day following, when the sale should become 

 complete and the seller's responsibility terminate, unless a 

 notice and Yeterinary Surgeon's certificate of unsound- 

 ness were given in the meantime. The -rules were not 

 particularly referred to at the time of this sale and war- 

 ranty. The Horse proved unsound, but no complaint 

 was made till after twelve on the following day. The 

 unsoundness was of a nature not likely 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 favourable for concealing it. 

 After verdict for the plaintiff, it was held that there was 

 sufficient proof of the plaintiff having had notice of the 

 rules at the time of 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 ; and Mr. Justice Littledale observed, " The 

 warranty here was as if the vendor had said, ' after 

 twenty -four hours I do not warrant ; ' such a stipulation is 

 not unreasonable " {ii). 



If a horse sold at a public auction be warranted sound Whore it ap- 

 and six years old, and it be one of the conditions of sale pli^s ouly to 

 that it shall be deemed sound unless returned in two days, 

 this condition applies only to the warranty of soundness. 

 Therefore, where a Horse sold with such warranty was 

 discovered to be twelve years old ten days after sale, and 

 was tlien offered to the seller, who refused to take him, 

 it was held by the Court of King's Bench that an action 

 might be maintained by the buyer against the seller, and 

 Lord Kenyon said, " The question turns on the meaning 

 of this condition of sale, and I am of opinion that it must 



(«) Byicater v. Richardson, I A. & E. 508 ; S. C. 3 N. & M. 748 ; 

 Mesnarclv. Aldriclge, 3 Esp. 271 ; and see post, p. 117. 



