WARRANTING. 263 



law you might be liable, and have to receive 

 him back. 



Caveat Emptor, p. 804, quoting from Lord 

 Ellenborough says : " I have always held, and now 

 hold, that a warranty of soundness is broken, 

 if the animal at the time of sale had any in- 

 firmity upon him which rendered him less fit 

 for present service." 



1st. Again, if you sell a horse perfectly fresh 

 and unblemished, and that horse, a week after- 

 wards, throws out a spavin : if warranted, in 

 law you might be liable, and have to receive 

 him back. 



2nd. If you sell a horse perfectly fresh and 

 unblemished, and that horse, a month after- 

 wards, becomes blind from ophthalmia ; and the 

 purchaser proves that the sire and dam of that 

 horse were blind from that cause, it is an he- 

 reditary disease : if warranted, in law you might 

 be liable, and have to receive him back. 



Caveat Emptor, p. 313. " Where, however, 

 the proof of pedigree and hereditary disease are 

 both accessible, it seems clear that a constitu- 

 tional taint is unsoundness." 



From the foregoing two sets of examples, 

 with the quotations from law at the bottom of 

 each, and which have been brought to bear on 



