238 ESSENTIALS OF VETERINARY LAW 



annexed to every sale, in respect to the title of the 

 vendor; and so too in our law, a purchaser of 

 goods and chattels may have a satisfaction from 

 the seller, if he sells them as his own and the title 

 proves deficient, without any express warranty for 

 that puipose. But with regard to the goodness of 

 the wares so purchased, the vendor is not bound 

 to answer; unless he expressly warrants them to 

 be sound and good, or unless he knew them to be 

 otherwise, and hath used any art to disguise them, 

 or unless they turn out to be different from what 

 he represented them to the buyer. "^^ The note 

 added to the above quotation is so clear and ap- 

 plicable in the present discussion that it is here 

 added. *'Mr. Christian observes, that the follow- 

 ing distinctions seem peculiarly referable to the 

 sale of horses. If the purchaser gives what is 

 called a sound price, that is, such as from the ap- 

 pearance and nature of the horse would be a fair 

 and full price for it, if it were in fact free from 

 blemish and vice, and he afterwards discovers it 

 to be unsound or vicious, and he returns it in a 

 reasonable time, he may recover back the price he 

 has paid, in an action against the seller for so 

 much money had and received to his use, pro- 

 vided he can prove the seller knew of the unsound- 

 ness or vice at the time of the sale; for the con- 

 cealment of such a material circumstance is a 

 fraud, which vacates the contract. But if a horse 

 is sold with an express warranty by the seller that 

 it is sound and free from vice, the buyer may main- 

 tain an action upon this warranty of special con- 



22 Chitty 's Blackstone, II, 

 451. 



