76 TRIAL REFORE REJECTION. 



for the price, it was held that dairy purposes beiiig the usual 

 use to which milch cows were put, the cows had not been 

 " expressly sold for a particular and specified purpose," with- 

 in the meaning of the Act, and that therefore the buyer was 

 liable for the price, (a) 



59. Trial before Rejection. — When a horse is purchased 

 either with or without a warranty, the trial by the purchaser 

 must on the one hand be of such a character as fairly to 

 test its capacity, (5) and on the other hand must not be such 

 as to overstep) this limit, or lead to the conclusion that the 

 buj^er means to keep it. 



When there is no time limited by express condition or 

 stipulation within which a horse is Avarranted, or Avithin 

 which it must be returned, the general rule is that it must 

 be rejected immediately, (c) but a reasonable time is allowed 

 in certain cases for trial. 



Thus, in an action for breach of warranty of "quiet in 

 saddle and harness," the buyer mounted a mare and rode 

 her along the road and was satisfied with her in saddle. 

 The bargain was then completed. After its completion the 

 mare was brought to the buyer's stable. It was a Saturday, 

 and the buyer's son tried the mare a short ride that night. 

 Neither of these trials were allesfed to have been unsatisfac- 

 tory. On the Monday, however, and also on the Tuesday, 

 the son rode the mare, and it plunged and reared and would 

 not go ; and on the two following days the mare showed the 

 same restiveness and plunging in harness. Here the trial 



(«) DunlojJ V. Crawford, 1886, 13 R. 973. The following cases may be referred 

 to upon this matter — (i.) cases under the common law Jaffe v. Ritchie, 1860, 23 D. 

 242 ; Hutchison, cit., gives form of issue ; Stcuart v. Jamicson, 1S63, 1 M. 525 ; 

 Eclinlnryh <£■ Leith Breioing Co., 1861, 24 D. 26 ; (ii.) under the statute Bardie v. 

 A^istin d: M' Asian, cit. ; Macfarlane v. Taylor, 1868, 6 M., H.L. 1 ; Rough v, 

 Moir, cit. p. 74 ; Rowan v. Coutes Iron Co., 1885, 12 R. 395. 



(b) Circumstances in which it was found not to have been proved after 

 sufficient trial that a horse was not " a good worker " when sold, M'Bcy v. Reid, 

 1842, 4 D. 349. 



(c) See §§ 60, 62. 



