56 AGE, TIME, AND HEIGHT WARRANTIES. 



the liorsc between the time of sale and the time of return, if 

 not Hmitecl ; but the age of a horse is not open to the same 

 difficulty. "(a) But where the warranty was in the following 

 terms: — "Receipt, Received £10 for a grey four-year-old 

 colt, warranted sound in every respect ; " it was held not to 

 cover age,(6) on the ground that the first part of the receipt 

 is a representation only, and not a warranty. Again, an 

 advertisement, " a horse, five years old, has been constantly 

 di'iven in the plough, warranted," was construed as referring 

 to soundness only ; and it was not found necessar}^ to prove 

 that it had been driven in the plough, (c) A frequent term 

 used by veterinary surgeons and horse-dealers is that a horse 

 is " aged." There is no precise definition of this term. 

 After a horse reaches the age of eight years the teeth marks 

 suffer very little alteration in the next few years. Accord- 

 ingly, where a horse is sold, warranted as eight 3'ears old, it 

 is necessary to have skilled evidence regarding its age about 

 that period, in order to prove it precisely ; and even the best 

 evidence on this point may not be reliable. (cZ) 



43. Time Warranties. — Strictly speaking, time warranties 

 apply rather to the time within which a horse luay be re- 

 jected as disconform to warranty, than to the warranty itsell". 

 Where a time warranty is given, it is construed strictly 

 according to its limit. Thus, a Avarranty given with a horse 

 sold in these terms, " warranted sound for one month," was 

 construed as a limitation of the seller's responsibility for such 

 faults as were pointed out within the month, and he Avas not 

 held liable for a defect which existed at the time of sale, but 

 was not discovered till more than a month elapsed. (e) 



44. Height Warranties. — Warranty of height is usually 



(a) Buchanan v. Pntnshaiv, 17S8, 2 T.R. 745. 



(6) Budd V. Fairmanner, 1831, 8 Bing. 48, see also §§ 38-51. 



(c) Richardson v. Broicn, 1823, 1 Bing. 344. 



(f/) But see Galvayne on Horse Dentition. 



(c) Chapman v. Gwythtr, 1866, L.R. ] Q.B. 4C3. See as to rejection, §§ 60-63. 



