244 APPENDIX. 



pursuer : — Wlietlier at the time of the said sale, the defendei- 

 specially warranted the said gelding to be sound 1 "Whether at 

 the time aforesaid, the said gelding was not sound 1 "Whether 

 the pursuer, within reasonable time, gave notice to the defender 

 of the alleged unsoundness 1 And Avhether the defender is 

 indebted and resting-owing to the pursuer in the sums set out in 

 the annexed schedule, or either or any part thereof 1 " 



The schedule set forth the price and expenses of keep, loss 

 and damages. — Balfour v. Wordsworth, 1854, 16 D. 1028. 

 For forms of issues on a breach of contract to supply goods fit for a 

 specific purpose, see Hutchison v. Henry, 18G7, 6 M. 57. — M'Farlane 

 V. Taylor, 1868, 6 M. (H.L.) 1. Observations on alternative form 

 of issues, " fraud and circumvention" and "force and fear." — Love v. 

 Marshall, 1870, 9 M, 291 ; and for form of issue Avhere an action for 

 the price of moveables (a picture) was met by an averment of fraud. — 

 M'Lennan v. Gibson, 1843, 5 D. 1032. 



IV.— COXDITIONS OF AUCTION SALES. 



Scott, Croall & Sons, Koyal Horse Bazaar, Edinburgh. 



Regulations and Conditions. 



1st. — The highest bidder to be the purchaser, and should any 

 dispute arise between two or more bidders, the lot so disputed shall 

 be immediately put up and re-sold. Owners shall have the option of 

 bidding once for each lot in the course of the sale, but not oftener. 



2nd. — Purchasers to give in their names and places of abode, and to 

 pay Five Shillings in the Pound (if required) as earnest and part 

 payment ; in default of which, the lot may be put up and re-sold. 



3rd. — Each lot to be at the risk of the purchaser after being sold ; 

 and the price to be paid on the day of sale. 



4th. — In the event of non-fulfilment of the foregoing conditions, 

 such lot or lots may be re-sold by public or private sale, and any 

 deficiency or expenses connected therewith shall be made good by the 

 defaulter. 



5th. — "When any warranty is given, the owner shall be solely 

 responsible for the same, and the auctioneers sliall not be liable as a 

 party in any action or dispute between the seller and the purchaser. 



6th. — The purchaser of any lot who objects to the subject of 

 purchase as disconform to warranty given, must intimate the precise 

 grounds of disconformity founded on in writing, to INIessrs. Scott, 

 Croall <fc Sons, on or before noon of the second day after the sale, 



