Section XL-WARRANTY 



A warranty is a guarantee given by the seller to the buyer that a horse 

 answers the description given of it at the time of sale. 



Such a warranty forms no essential part in the sale of a horse, but so 

 risky is it to purchase without one, that in the sale of valuable animals it is 

 rarely dispensed with. No special form of words is necessary to create a 

 warranty, nor need they be in writing, though, to avoid disputes or liti- 

 gation, it is obviously prudent to obtain a written warranty wherever 

 possible. Mutatis mutandis, a warranty usually runs somewhat as 

 follows :— 



" Received of Mr. John Jones of Newborough the sum of fifty guineas 

 for a chestnut mare, warranted quiet to ride and drive. Wm. Brown. 



"Peterborough, March 14th, 19 ." 



Such a warranty need not be, and in fact rarely is, written at the time 

 the warranty is given. All it amounts to is a memorandum of such 

 warranty, reduced to writing at the time the money is paid. 



No stamp is recj[uired beyond the receipt stamp, and if the warranty be 

 on a piece of paper distinct from the receipt, even this is unnecessary. 

 (Skime v. Elmore, 2 Camp. 407, citing Brotvn and Try.) Where a written 

 receipt is given, but no mention is made of warranty, such warranty may 

 be proved by parole or oral evidence. {Allen v. Pink, 4 M. v. W. 140.) 

 It should be noted that though the words "warrant" and "sound" con- 

 stantly occur in warranties, such words are not essential, as already inti- 

 mated. 



In Paisley v. Freeman, 1789 (2 Smith's leading cases), Mr. Justice 

 BuUer says: "It was rightly held by Holt, Chief -ju.stice (in Cross v. 

 Gardner, Carthew 90, 1689), and has been uniformly adopted ever since, 

 that an affirmation at the time of a sale is a warranty, provided it appears 

 in evidence to have been so intended ". Whether a warranty is intended 

 or not is a question of fact for the jury. 



