GENERAL, EXPRESS, AND IMPLIED WARRANTIES. 49 



Thus, in the case of a horse which was warranted sound, and 

 was shortsighted from a peculiarity of the cornea that induced 

 the habit of shying, Lord Campbell observed that this was not 

 a defect which the purchaser was bound to have observed, (a) 

 Again, where an action was brought on the purchase 

 of a racehorse warranted " sound in wind and limb at this 

 time," two defects — viz., crib-biting and a splint, were both 

 discussed before purchase. The horse broke down, and on the 

 case being tried, the buyer obtained a verdict. Tindal, C.J., 

 in making a rule for a new trial absolute, said : — " In this 

 case no fraud or deceit can be attributed to the defendant, as 

 the horse's defect was manifest, the splint not only being 

 apparent but made the subject of discussion before the 

 bargain was made, . . . and the learned judge left it to the 

 jury to say whether the horse was fit for ordinary purposes. 

 His direction would have been less subject to misapprehen- 

 sion if he had left it to them in the terms of the warranty 

 to say whether the horse was at the time of the bargain 

 sound in wind and limb, saving those manifest and visible 

 defects Avhich were known to the parties. "(6) "A person buy- 

 ing a horse is often no judge of horses, and may say, ' I don't 

 want to see the defects or blemishes of the horse, as I really 

 know nothing about them ; I want and must have a written 

 Avarranty,' . . . Some splints cause lameness, and others do 

 not. A splint, therefore, is not one of those patent defects 

 against which a warranty is inoperative." (c) 



An express warranty, (cZ) on the other hand, is strictly 

 confined to what is expressed in it, and it must be made good 

 to the letter, whether it refer to warranty of quality or fitness 

 for a specified purpose, (e) So rigorous is this rule, that when 

 one or more qualities are included in a warranty, there is an 



(a) Holyday, cit. 



(h) Manjetson, cit., verdict on new trial for plaintiff, 

 (c) Per Pollock, C.B. in Smith, cit. 



{d) Form of issue whether horse sold with express warranty, Croall v. Hunter. 

 1S55, 17 D. 652, Appx. iii. 

 (c) B. Pr. 111. 



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