42 WARRANTIES GENERALLY, 



purchaser make no inquiries as to its soundness or qualities, 

 and the horse turn out unfit for use, he cannot recover 

 against the seller, as it must be assumed that he got it at a 

 cheap rate, (a) But where a buyer has been so far warned 

 by any disclosure which is incomplete, he must exercise his 

 own judgment as to whether the horse is worth the price 

 asked, (h) 



Every affirmation previous to sale, provided it is so 

 intended, is a warranty ; (c) but antecedent representations 

 made as an inducement to buy are not warranties unless 

 they form part of the contract when concluded. ((Z) When 

 any statements are made previous to sale by private bargam, 

 or are published in an auction catalogue, the question often 

 arises whether what is said or written is a representation or 

 a warranty,(e) for all affirmations made to a buyer as a 

 ground of reliance are warranties, and are absolute qualifica- 

 tions of the sale.(/) It is not necessary that the statements 

 be in writing. Words are sufficient ; and phrases such as 

 " I warrant," or the like, are not required to constitute a 

 warranty, for it is sufficient if the seller make representations 

 which the purchaser has given him to understand are 

 essential to his buying, (gf) Further, the representations 

 need not be made simultaneously with the bargain, provided 

 they form part of it, they are warranties. (A) Thus, a 

 plaintiff bought a horse without a warranty at auction. On 

 the day previous to sale the following conversation took 

 place, during the plaintiff's examination of the horse. The 

 defendant said, " You have nothing to look for ; I assure 

 you he is perfectly sound in every respect," to which the 



(a) Jones V. Bright, 1S29, 3 M. and P. 155, 175. 



(b) Brand v. Wight, 1812, Hume, 697. 



(c) Smith's L.C. i. 187) and cases there cited. 



(d) Bell's Com. i. 466, n. 2. 



(e) See § 40. 



(/) B.C. 1, 466, n. 2 ; B. Pr, 111 ; Pasley v. Freeman, 1789, 3 T.R. 51, 59 ; 

 Steivart v. Jamicson, 1863, 1 M. 525 ; Shei^hcrd v. Kain, 1821, 5 B. and Aid. 240. 



(g) Scott V. Steel, 1857, 20 D. 253 ; 2 Sm. L.C. 75, ct seq., as to agent's representa- 

 tions. 



{h) Slucley v. Bcnjley, 1862, 1 H. and C. 405 ; B.C. 1, 466, n. 2. 



