46 



HOESEDEALERS, REPOSITORIES AND AUCTIONS. 



Trial of a 

 Horse war- 

 ranted quiet 

 in harness. 



Notice of the 

 conditions of 



be confined solely to the circumstance of unsoundness. 

 There is good sense in making such a condition at public 

 sales, because, notwithstanding all the care that can be 

 taken, many accidents may happen to the Horse between 

 the time of sale and the time when the Plorse may be 

 returned, if no time were limited. But the circumstance 

 of the ago of the Horse is not open to the same diffi- 

 culty (o) . 



By the rules of some Repositories every Horse sold, 

 warranted quiet in harness, is, in cases of dispute, to be 

 tried by an impartial person ; and the expense of trial, in 

 case the Horse does not answer his warranty, is to fall on 

 the seller. The keeper of the Repository has a specific lien 

 on the Horse until such expense be paid (p). 



Where the Auctioneer declares that the conditions of 

 a sale by auction are as usual, there is a sufficient notice 

 of them to purchasers {q), where they are printed and 

 posted up in a conspicuous part of the auction-room. 

 Thus, where an action on the Case was brought on the 

 warranty of a Horse, it appeared that the Horse was sold 

 by auction at the defendant's Repository, and w\arranted 

 sound. The sale took place on the "Wednesday. At the 

 time of the sale, the Auctioneer announced that the con- 

 ditions of the sale were as usual. These conditions of sale 

 were proved to be contained in a printed paper pasted 

 up under the Auctioneer's box, and by one of them all 

 Horses purchased there, in case of any unsoundness being 

 discovered, were required to be returned before the even- 

 ing of the second day after the sale. The Horse in ques- 

 tion was not returned till the Saturday. When returned 

 by the plaintiff, he was informed that it was too late, as 

 he ought, pursuant to the conditions of sale, to have re- 

 turned him on the evening of Friday. It was contended 

 that there was no evidence of notice of the conditions of 

 sale sufficient to bind the plaintiff. But Lord Kenyon 

 (in summing up) said — " In this case it is proved that 

 printed particulars of the sale are pasted up in the public 

 sale room under the Auctioneer's box. In the case of 

 carriers, who advertise that they will not be liable for 



(o) Ijuchanayi v. Parnsliaic, 2 T. 

 R. 74G. 



{p) Hardingham v. Allen, 5 C. B. 

 797. 



(r/) By the law of Scotland, a 

 purchaser at a public auction can- 



not be allowed to plead, that he 

 was ignorant of the articles and 

 conditions of sale. See Lalng v. 

 Ilaln, 2 S. M. & P. 395. (Court of 

 Sess. Sco.) 



