170 



BREACH OF NVAURAXTY. 



Or unfit for 

 a particular 

 jjurpose. 



Verbal offer 

 after f^ale to 

 take back the 

 Horse. 



"Where goods 

 should be re- 

 turned imme- 

 diately. 



Or the con- 

 tract becomes 

 comjplcte. 



Where buyer 



And a rule to show cause wliy a nonsuit should not lie 

 entered, on the ground that this action for Money had 

 and received would not lie, was discharged (;:;). 



Where goods are bought on condition that they should 

 be retiu-ned, if unsuitable, they would not be returnable 

 on a disapproval, which is not bond fide, or which is 

 merely capricious {a). But in a case in which an order 

 for a carriage had been given and accepted on the express 

 condition that the carriage should meet the approval of the 

 defendant on the score of convenience and taste : it was 

 held that he was entitled (acting bond fide, and' not from 

 mere caprice) to retmii it {b). 



^Vhere a llorse is bought, warranted fit for a particular 

 purpose, and he proves unfit for that piu'pose, it has been 

 held, that the pmxihaser may retm-n him and bring an 

 action for the price, if paid {c). 



But where, after a Warranty of a Horse as sound, the 

 vendor, in a subsequent conversation said, that // tlie 

 Home irere Ujisoiind (which he denied) he would tal;e it 

 again and return the monet/, it was held that this was no 

 abandonment of the original contract, which still remained 

 open ; and that though the Horse be Unsound, the vendee 

 ought to sue upon the Warranty, and could not maintain 

 an action for Money had and received, to recover back the 

 price after a tender of the Horse (r/). 



A Ijuyer ^^'ho rejects goods sent to him as not being- 

 equal to sample, is bound to retm-n them immediately, if 

 it can be done without injmy to the goods. He has no 

 right to retain them in secmity of his claim of damages 

 for non-performance of the contract {c). 



If goods delivered on " sale or return " be not retm-ned 

 A\ithin a reasonable time, or the retni'n of them be ren- 

 dered impossible by the act of the Buyer, the contract of 

 sale becomes complete, and an action for Goods sold and 

 delivered may be maintained by the Seller (/). 



Where a Breach of Warranty has taken place it is 



{z) Totccrsv. Barrett, 1 T. R. 138. 



(«) Dallman v. King, 5 Scott, 382. 



{h) Andrews v. Bctjidd, 2 C. B., 

 N. S. 779. 



{c) Chanter v. Bopl-'ms, 4 M. & 

 W. 400 ; but see Bauson v. CoUls, 

 10 C. B. 523. 



{d) Paijne v. Whale, 7 East, 274. 



[e) Fadgett v. Maoiair, 15 Court 

 of Sess. 76 (Sco.) ; 6'. C. 2 S. M. & 



P. 41; S. C. 4M. Dig. 187. 



(/■) Moss V. Siveet, 16 L. T. 341; 

 S. C. 20 L. J. 167 (Q. B.); S. C. 

 16 Q. B. 493. In the case of 

 Ste'mthal v. Mijers, Nov. 23, 1855 

 (Cor. Brandt, County Court, Man- 

 chester), a month was held to be a 

 reasonable time to keep a Horse on 

 sale or return. 



