VERBAL WARRANTIES AGE WARRANTIES. 55 



quently turned out that she Avas in foal to a different 

 horse, such an error in its description did not nullify the 

 contract.(a) 



41. Verbal Warranties. — In regard to verbal warranties 

 it is necessary not only to prove the express terms of the 

 warranty, but also the very words used. Thus, where a two- 

 year old filly was sold, and the only evidence of the verbal 

 warranty was that of the buyer and seller Avho were at vari- 

 ance on the facts. Lord President Inglis observed : — " A pur- 

 chaser mtending to rely on an express warranty must either 

 have it in writing or take care to have evidence sufficient to 

 prove the terms of the warranty, . . . and to prove an express 

 warranty it is not sufficient for witnesses to say that the 

 goods were warranted." (6) Agam in another case,(c) the 

 same judge observed : — " If an express warranty is not reduced 

 to writing, there must at least be satisfactory evidence of 

 the words spoken — the very words spoken — which are 

 alleged to constitute such express warranty." In a case 

 where a verbal warranty was given, and after sale of the 

 horse was embodied in different terms in the receipt, Lord 

 Justice-Clerk Moncreiff observed : — " An express verbal 

 warranty may be proved as any other express verbal con- 

 tract may be proved. It is a jury question and any 

 evidence which leads to that result is sufficient. "(cZ) 



42. Age Warranties. — A horse was sold at auction, " war- 

 ranted six years old, and sound." It was rejected beyond 

 the specified limit of time in the conditions of sale, as discon- 

 form to age, and the Court held that the age was included in 

 the warranty, and observed, in reference to the time limit : — 

 " There is good sense in such a condition at public sales, 

 since, with all the care possible, many accidents happen to 



(a) Craig v. Broicn, 1889, 6 S.L. Rev. 49. 

 (6) MacMe v. Riddcll, 1874, 2 R. 115. 

 (c) Itoheson v. Wavyh, 1874, 2 R. 63. 

 {d) Rose V. Johnston, 1878, 5 R. 600. 



