426 WARRANTY 



and in that case the plaintiff may desire to conduct his own case. In 

 this latter event he can obtain all necessary information respecting the 

 usual formalities from the officials of the court belonging to the district 

 in which he lives. A few suggestions, however, will not be out of place. 

 All original letters or documents should be carefully preserved, together 

 with the warranty, if written. He should also write out a detailed 

 statement of his claim, of which he should make three copies, one for 

 his own use, one for service on the defendant, and the third to be attached 

 to the plaint note. He should also serve a notice upon the defendant 

 to produce all letters and documents bearing upon the case. The plaintiff 

 should then consider what witnesses he requires to prove his case, and 

 if he has reason to think that any of them will not come willingly, he 

 should subpoena them. His statement in court should be a plain and 

 unvarnished setting - out of the facts, chronologically arranged, up to 

 the discovery and proof of breach of warranty. The defence set up may 

 be a direct denial of the allegations of the plaintiff, or that such alleged 

 breach is the plaintiff's own fault. 



If the warranty is in writing, the case will, of course, be much simplified, 

 as the court will be in possession of the exact terms. If the warranty 

 is not in writing, the plaintiff' should be careful to give the exact terms 

 of the warranty, since, as already stated, there are many representations 

 which do not amount to, or constitute part of, a warranty. 



A written certificate of soundness or unsoundness, it is to be observed, 

 is only of use in court for the purpose of correcting evidence, and the 

 person giving such certificate should be in court, so that the party to 

 whom such certificate is adverse may have an opportunity of cross-examin- 

 ing him. A written warranty, as already stated, need not be stamped. 

 Whethei-, however, a horse is to be sold with a warranty or not, the 

 intending purchaser should be careful to overhaul him before a bargain 

 is struck, as, where there is full power of inspection, the maxim caveat 

 emptor, "at purchaser's risk", will apply, where there is a warranty in 

 respect of patent defects, and where there is no warranty, unconditionally. 



