OF FARRIERY. 



501 



A receipt, including merely the word " war- 

 ranted," extends only to soundness — " war- 

 ranted sound " extends no further ; the age, 

 freedom from vice, and quietness to ride and 

 drive, should be especially named. This 

 warranty extends to every cause of unsound- 

 ness that can be detected, or that lurks in the 

 constitution at the time of sale, and to every 

 vicious habit which the animal has hitherto 

 shown. To establish a breach of the warranty, 

 and to be enabled to return the Horse, or re- 

 cover the price, the purchaser must prove that 

 it was unsound or viciously disposed at the 

 time of sale. In cases of cough, the Horse 

 must have been heard to cough previous to 

 the purchase, or as he was led home, or as 

 soon as he had entered the stables of the pur- 

 chaser. Coughing, even on the following 

 morning, will not be sufficient ; for it is pos- 

 sible that he might have caught cold by 

 change of stabling. If he is lame, it must be 

 proved to arise from a cause that could not 

 have occurred after the animal was in the 

 purchaser's possession. " No pi'ice will imply 

 a warranty," or be equivalent to one ; there 

 must be an express warranty. A fraud must 

 he proved, in the seller, in order that the 

 buyer may be enabled to return the Horse or 

 maintain an action for the price. The war- 

 ranty should be given at the time of sale. A 

 warranty, or a promise to warrant the Horse, 

 given at any period antecedent to the sale, is 

 invalid; for the Horse is a very perishable 

 commodity, and his constitution and his use- 

 fulness may undergo a considerable change 

 in a few days. A warranty after the sale is 

 invalid, for it is given without any legal con- 

 sideration. In order to complete the purchase 

 there must be a transfer of the animal, or a 

 memorandum of agreement for the payment of 



earnest-money ; the least sum will suffice for 

 earnest. No verbal promise to buy or to sell 

 is binding without one of these ; and the 

 moment either of these is effected, the legal 

 transfer of property or delivery is made, and 

 whatever may happen to the Horse, the seller 

 retains or is entitled to the money. If the 

 purchaser exercises any act of ownership, by 

 using the animal without leave of the vendor, 

 or by having any operation performed, or 

 done to him, or medicines given, he makes 

 him his own. The warranty of a servant is 

 considered to be binding on the master. 



If the Horse should be afterwards dis- 

 covered to have been unsound at the time of 

 warranty, the buyer may return it, Although 

 not legally compelled to give notice to the 

 seller of the discovered unsoundness, it will 

 be better for it to be done. The animal should 

 then be tendered at the house or stables of the 

 vendor. If he refuse to receive him, it is cruel, 

 to tie up the poor beast in the street, and leave 

 him to the tender mercies of the other party : 

 it will be more advisable to send the animal 

 to a livery-stable, for an action (the Horse 

 having been tendered) may be brought for 

 expenses as well as for price ; the keep, how- 

 ever, can be recovered only for the time that 

 necessarily intervened between the tender 

 and the determination of the action. It is not 

 legally necessary to return the Horse as soon 

 as the unsoundness is discovered. The animal 

 may be kept for a reasonable time afterwards, 

 and even proper medical means used to re- 

 move the unsoundness ; but courtesy, and 

 indeed justice, wiU require that the notice 

 should be given as soon as possible. Although 

 it is stated, on the authority of Lord Lough- 

 borough, that " no length of time elapsed after 

 the sale will alter the nature of a contract 



6 L 



