THE LAAV OF HORSES. 



CHAPTER I. 



SALE. 



Nature of tlie Contract, 1. Horses as the subject of Sale, 2. Completion 

 of the Contract, 3. Essential Error, 4. Proof of the Contract, 5. 

 Offer and Acceptance, 6. Order, 7. Risk, 8. Implied Conditions as 

 to Quality, 9. Price and Payment, 10-12. Delivery, 13-19. Respec- 

 tive Remedies on Breach of Sale, 20. Sale on Approbation, Sale 

 and Return, and Hire and Sale, 21. Retention, 22. Stoppage in 

 Transihi, 23-24. Sale by Auction, 25-28. Rejection on Insolvency, 

 29. Fraudulent Transactions, 30-35. Rescission, 36. 



The sale of horses differs little from the sale of other com- 

 modities ; and the general principles of the contract of sale, 

 as far as they apply to the subject under consideration, will 

 be treated very briefly. There are certain peculiarities in 

 the sale of horses, however, of greater importance, such — e.g., 

 as warranties and sale for a specific purpose,(a) which will 

 be treated hereafter at greater length. 



1. The Contract. — Sale is a consensual contract, com- 

 pleted by consent alone. The consent must be given by one 

 capable of consenting ; it must be free, serious, and deliber- 

 ate,(6) and where cither of the parties is incapacitated by 

 nonage, (c) insanity,(cZ) or intoxication, (e) or if there be 



(rt) See Chap. ii. 



(/>) B.C. i. 313, 458 ; Stair, i. 14, 1 ; Ersk. iii. 3, 2, see § 30, ct seq. 

 (c) B.C. i. 128. (d) B. Pr. 10. (e) See § 34. 



B 



