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CHAPTER VIII. 



BREACH OF WARRANTY. 



Beeach of Warranty. 

 Buyer neither hound to tender 



the Horse nor give Notice .... 163 

 Seller not hound to take hack the 



Horse id. 



Unless the Contract was cxe- 



cuiury 164 



Street v. Blay id. 



Judgment of the Court of King'' s 



Bench id. 



Lord FJdon'' s Opinion dis- 

 cussed 165 



Evidence in Mitigation of 



Damages 166 



Unfitness for a particular pur- 

 pose id. 



An intermediate Profit id. 



Ads of Ownership inconsistent 



u-ith Trial 167 



Confirmed hy a later Case .... id. 

 Goods are returnahle where there 



is Fraud 168 



But not for non-correspondence 

 with Sample id. 



Agreement that a Horse is to be 

 returned if Unsound 168 



Head v. Tattersall 169 



Or unsnitahle id. 



Or unfit for a particular purpose 170 



Vcrhal Offer after Sale to take' 

 hack the Horse id. 



Where Goods should he returned 

 immediately id. 



Or the Contract becomes com^jlete id. 



jrhcre Buyer should tender the 

 Horse , id. 



Sale after Tender 171 



Not'ice instead of Tender id. 



Length of Time before Notice , . id. 



Seller should have the Horse ex- 

 amined 172 



Breach of IFarranty no Defence 

 to an Act'io7i on a Bill of Ex- 

 change id. 



Unless there be a total Failure 

 of Consideration id. 



Sale hy Order of Court id. 



BREACH OF WARRANTY. 



Where a Horse has been sold warranted Sound, wliicli 

 it can be clearly proved was Unsound at the time of Sale, 

 the seller is liable to an action on the Warranty, without 

 either the Horse being returned or Notice given of the 

 Unsoundness. And in a case where there was a breach of 

 Warranty, Lord Loughborough said, " No length of time 

 elapsed after the sale "wdll alter the natiu-e of a contract 

 originally false. It is not necessary that the Horse should 

 be retm-ned to the seller or that Notice should be given" {a). 

 Where a Horse warranted Sound tiu'ns out Unsound, 

 the seller is not bound to take it back again ; nor can the 

 buyer, by reason of the Unsoundness, resist an action for 



{n) Fielder v. Starkie, I H. Bin. 17; and see Poulton v. Lattimore, 9 

 B. &' C. 26o. 



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Buyer neither 

 bound to 

 tender the 

 Horse nor 

 a:ive Notice. 



Seller not 

 bound to take 

 back the 

 Horse. 



