84 EFFECT AND COMPETENCY OF REJECTION. 



of the horse and not its keep, because it was his own fault in 

 not returning it. (a) 



63. Rejection where a time is fixed for Trial. — If a time 

 be fixed for trial and rejection, as is most usually done in 

 auction sales, the time fixed between the parties must be 

 adhered to. (6) Thus, in a repository, there was a notice in a 

 conspicuous place that Avarranties were to continue in force 

 till twelve o'clock next day, and a horse warranted sound Avas 

 bought there by private bargain. The horse proved unsound, 

 but no complaint was made till after twelve o'clock next day. 

 It was held that the seller was free, although the fault 

 was one which was undiscoverable till after that period, (c) 



Under a time warranty, if a horse become disabled from 

 any cause not connected with the warranty, the buyer can 

 reject it.(cZ) 



64. Requisites of Rejection. — In order to effectual rejec- 

 tion it is not necessary to go through any particular form. 

 It is enough for the purpose of rejection that it shall be 

 clearly indicated, and in some way notified to the seller. (e) 

 But the rejection must be unequivocal and absolute ;(/) and 

 if a horse be not timeously rejected, the buyer will not after 

 an interval be heard on the plea that it was purchased for a 

 specified purpose, (f/) 



65. Effect and Competency of Rejection. — Kejection is 

 a privilege to be exercised at a buyer's pleasure, but there is 

 no absolute duty on him to reject if not inclined to preserve 



(a) Caswell V. Coarc, 1809, 1 Taunt. 566, see § 65. 



(6) Mensard v. Aldridr/e, 1801, 3 Esp. 271 ; Buchanan v. Parnshaxv, 1788,. 

 2 T.K. 745. 



(c) Bywater v. Richardson, 1834, 1 A. and E. 508. 



\d) Head v. Tattersall, 1871, L.R. 7 Ex. 7. 



(e) Lord President Inglis in Booker v. Milne, 1870, 9 M. 314, 318. 



(/) B. Pr. 99. 



(g) Edinburgh Jb Leith Braving Co., 1861, 24 D. 26. 



