80 ACTS BARRING REJECTION. 



by subsequent misrepresentation induced the buyer to prolong 

 the trial; and that the length of a trial must be reasonable, 

 and that six months was too long, (a) In a recent case a 

 party bought a horse on the loth of January and took 

 delivery on the 28th. On 19th March he wrote the seller 

 saying he did not know what to do about the horse as it 

 was very vicious in saddle, that he had not made up his 

 mind to part with him yet, and he desired to know if the 

 seller would change him if he decided to do so. On 24th 

 March he wrote again, saying that the horse was vicious, and 

 he must be quit of him at once. On 1st April he wrote, 

 threatening legal proceediugs if the horse was not taken 

 back and the price returned. Thereafter he returned the 

 horse, and brought an action for repetition of the price. 

 The Court assoilzied the defender on the ground that the 

 rejection was not timeous.(6) 



But if a buyer use a horse as his own, he is barred from 

 rejecting it;(c) and, in the case of a number of horses 

 beino- sold, if he appropriate any of them he thereby bars his 

 rif^ht to reject the Yest,(d) unless there be an understanding 

 or stipulation to the contrary, or unless the horses are sent 

 on approbation or sale and return, (e) 



In the absence of express stipulations as to a time limit 

 to the right of rejection, a buyer, on being dissatisfied with a 

 horse purchased either with or without a warranty, or for a 

 special purpose, should instantly give notice to the seller, 

 and as soon as possible return it to hira.(/) 



61. Acts barring Rejection. — A buyer loses his right of 

 rejection, (g) and a seller his right of suing for the value of 

 a returned horse, by using it as his own. Thus, a cabowner 



(a) Adams v. Richards, 1795, 1 111. 116. 



(b) Chaplin v. Jardinc, 1886, 23 S.L.R. 487. 



(c) § 61. 



(d) Bansan v. Mitchell, 1845, 7 D. 813. (e) § 21. See also § 2. 



(/) Caledonian Raihmy Company v. Rankin, 1882, 10 K. 63, as to when to put 

 a horse in neutral custody. 

 (fj) Ersk. iii. 10. 



