118 



■WARRANTY ; SALE AND WAKRAKTY BY AGENT, ETC. 



A Special 

 Warranty. 



A Written 

 Warranty. 



A Special 

 Agreement. 



Form of 

 Warranty. 



Effect of a 



Written 



Warranty. 



time within that specified in the Warranty, even though 

 he has notice of the breach of "Warranty before he removes 

 the Horse, and the Horse, through an accident, becomes 

 dejDreciated in value (//). 



When there is any suspicious place apparent to the 

 parties, which they discuss, or if the seller knows of some 

 defect and does not wish to answer for any Unsoundness 

 which may proceed from it, he should give a Warranty 

 specially excepting his liability for any unsoundness 

 which may proceed from the defect in question (/) ; or 

 expressly state what he warrants : as where a Mare was 

 waiTanted to be "a good hunter, and to have one 

 eye" (k). But where the purchaser requires the vendor 

 to be answerable for some defect, he should take a Special 

 Warranty against the effects which may be likely to pro- 

 ceed from it. 



The buyer should always take care to distinguish be- 

 tween a Warranty and a Representation (/) ; however, he 

 is safe if he take a Written Warranty, and refuse to believe 

 any Representation the seller will not commit to paper. 

 A Written Warranty should comprehend not only Sound- 

 ness, but freedom from Vice, and also Quietness and Age, if 

 necessary. 



Also any Special terms which may have been agreed 

 upon at the time of sale ; for instance, an agreement to take 

 back the Horse, in case he does not suit or is unsound, 

 should be made a part of the Written Warranty or Agree- 

 ment upon which the sale is effected {)n). 



The following form of Receipt and Warranty will be 

 found, for general purposes, short and comprehensive : — 



" Received of P. J. D. fifty pounds for a grey Gelding, 

 warranted only six j^ears old, Sound, free from Yice, and 

 quiet to ride or drive either in single or double harness. 



£50. R. F." 



Where the whole matter passes in parol, all that has 

 passed may sometimes be taken together as forming parcel 

 of the contract, though not alwaj's, because matter talked 

 of at the commencement of a bargain may be excluded by 



(A) Ucacl V. Taitcrsall, L. E., 7 

 Ex. 7; 41 L. J., Ex. 4 ; 25 L. T., 

 N. S. 631 ; see also lUnclicllffe v. 

 Barwick, L. R., 5 Ex. D. 177; 49 

 L. J., Ex. 495; 42 L. T., N. S. 

 492 ; Elphick v. Barnes, L. E., 5 C. 

 P. D. 387; 49 L. J., C. V. GOS ; 2;i 

 W. R. 139. 



(() Junca V. Cowley, 4 B. & C. 

 445 ; *S'. C. 6 D. & E. 533 ; and 

 Hemming v. Parrjf, 6 C. & P. 580. 



{k) Higgs v. ThraJe, before Chief 

 Baron Pollock, Feb. 18, 1850. 



(/) See post, p. 138. 



<„>) Bin/ne y. Whale, 7 East, 274. 



