54 CONSTRUCTION OF WARRANTIES. 



sound up to this date, or subject to the examination of a 

 veterinary surgeon," Avas not held a -warranty as to its being 

 quiet to ride and drive, on the ground that what the warranty 

 covered was soundness to the date or the opinion of the 

 veterinary surgeon after examination, and that the age and 

 quietness to ride and drive were descriptions and not 

 warranties, (a) 



"Sound to the best of my knowledge," or "sound as far 

 as I know, but I never warrant," is not a warranty of abso- 

 lute soundness, but is limited to the granter's knowledge. (6) 

 To come up to a warranty of freedom from fault, a horse 

 must obviously be sound, and also free from both vice and 

 blemish, (c) In a recent case, horses were bought with a 

 written warranty that they were " quiet in harness and saddle, 

 and sound to the best of my knowledge." The purchaser 

 claimed to return them as disconform to warranty, and 

 alleged that there was an oral warranty given in addition to 

 the written one. It was held on the evidence that the 

 alleged oral warranty was nothing more than a representation 

 of belief, not intended as a warranty ; and that the words 

 "to the best of my knowledge" qualified the whole of the 

 written warranty, and not only the warranty of soundness. (cZ) 



In a Sheriff Court case there was an advertisement and 

 also an alleged statement by the auctioneer, that a mare was 

 " in foal to a certain horse," and she was purchased accord- 

 ingly ; and the question turned upon whether the representa- 

 tion amounted to a Avarranty. Usage of trade being proved 

 to the effect that in such cases the risk is with the buj-er, the 

 above words were held not to amount to an express war- 

 ranty, (e) In another case also in the Sheriff Court, it 

 was held that where a mare Avas advertised and sold 

 by auction as " in foal to a certain horse," and it subse- 



(a) Anthony v. Hahtcad, 1877, 37 L.T., N.S. 433. 

 (h) Wood V. Smith, 1829, 4 C. and P. 45. 



(c) Ikuchars v. Shmv, 1833, 11 S. 612. 



(d) Camphdl V. Henderson, 1886, 23 S.L.R. 712. 



(c) Iloutlcdrjc V. M'Clcw's Trustees, 1889, 5 S.L. Rev. 212. 



