74 SALE FOR A SPECIFIED PURPOSE. 



are sold. Under the first head — viz., the knowledge of the 

 defect by the seller, the case of Roiigli v. Moir {a) is instruc- 

 tive as showing in what circumstances knowledge of defects 

 on the part of the seller is held proved. It Avas held that 

 a horse represented in an auctioneer's catalogue as having 

 " been driven regularly in double and single harness, and sold 

 upon that representation, is expressly sold for a specified and 

 particular purpose ; " and if bought for that purpose, and 

 found on trial to be unfit therefor, that the seller cannot 

 recover the price or must refund it if paid. (6) Under the 

 second head — viz., that the " specified and particular " pur- 

 pose must be different from the ordinary purpose for which 

 a horse is sold, the case of Hamilton v. Robertson is a leading 

 one.(c) There, a party who advertised for "a good Clydes- 

 dale entire horse not over three j^ears old for the Australian 

 Colonies," agreed to purchase a horse which was stated by 

 the seller to answer that description. He afterwards refused 

 to take delivery on the ground that oiily one of the horse's 

 testicles had descended from the abdomen into the scrotum. 

 On proof it appeared that the pursuer was not aware of this 

 peculiarity at the time of the sale. The buyer pleaded that 

 the horse was not entire, and that having been sold for the 

 specified and particular purpose of breeding, the sale was 

 void as falling under the exception of the Mercantile Law 

 Amendment Act. There Avas skilled veterinary evidence to 

 show that a stallion Avas an entire horse Avhen its generatiA^e 

 organs had the defect in question, and Avas capable of getting 

 foals. Lord Shand said: — " It is suggested that the horse Av^as 

 sold for the particular purpose of procreation. But every entire 

 horse in this country is used for that purpose. The provision 

 of the Act does not create or pro\^ide a Avarranty by the 

 seller that the goods shall be suitable for the general purpose 

 for Avhich such goods are used, but for a specified and par- 



{«) Rotujh V. Moir, 1S75, 2 R. 529. 



{h) Per Lord Mure in Rou(jh, cit. p. 537. 



(c) Hamilton v. Jiobcrtson, 1878, 5 R. 839. 



