152 WARRANTY OF 



Absurd as this may appear, I am not aware that the 

 question has ever been decided judicially ; and I will, 

 therefore, mention the method adopted by those who 

 affect to be aware of this singularity. 



A gives B a receipt for forty guineas, and a cheque 

 for twenty guineas, and receives B's horse ; while B 

 gives A a receipt for sixty guineas, and takes A's horse, 

 A having agreed with B to value their horses at, res- 

 pectively, forty and sixty guineas. 



Then A imagines that, should the horse which he 

 has taken of B not fulfil the terms of the warranty, he 

 can recover his sixty guineas ; and equally satisfied is * 

 B that, if the warranty which he has received from A 

 is not verified to the letter, he will get his forty guineas 

 returned ; or the one imagines that, in such case, he may 

 compel the other to a re-exchange, so as to place both 

 A and B in the same position as that in which they 

 were prior to the transaction. 



I do not myself see why a warranty given in a 

 swap or exchange should be void, especially when a 

 money consideration is given and received. But, as 

 it is advisable to avoid litigation as far as possible, 

 I would suggest that, in an exchange, each party to the 

 contract should hold a warranty in writing from the 

 other, the value set upon the horse being marked 

 thereon. 



