502 



THE MODERN SYSTEM 



originally false ;" yet there are cases on record 

 in which the plaintiff was nonsuited because 

 he did not give notice of the unsoundness in a 

 reasonable time. The extent of this reason- 

 able time must depend on many circumstances. 

 It used to be supposed that the buyer had no 

 right to have the Horse medically treated, 

 and that he would vitiate the warranty by 

 doing so. The question, however, would be, 

 has he injured, or diminished the value of the 

 Horse by this treatment? It will generally, 

 nowever, be prudent for him to refrain from 

 all medical treatment, because the means 

 adopted, however skilfully employed, may 

 have an unfortunate effect, or what he does 

 may be misrepresented by ignorant or in- 

 terested observers. 



When a Horse is returned, and an action 

 brought for the price, it will be indispensable 

 that in every other respect, except the alleged 

 unsoundness, the animal shall be as perfect 

 and valuable as when bought. 



The purchaser, possibly, may like the Horse, 

 notwithstanding his discovered defect, and he 

 may retain and bring his action for the depre- 

 ciation in value on account of the unsound- 

 ness. Few, however, will do this, because 

 the detention of the Horse will cause a suspi- 

 cion that the defect was of no great conse- 

 quence, and will give rise to much cavil 

 about the quantum of damages, and, after 

 all, very slight damages will probably be ob- 

 tained. 



Where there is no warranty, an action may 

 be brought on the ground of fraud, but this is 

 very difficult to be maintained, and few pos- 

 sibly will hazard it. It will be necessary to 

 prove that the dealer knew the defect, and 

 that the purchaser was imposed upon by his 

 false representation ; and that, too^ in a case 



in which a person of ordinary circumspection 

 might have been imposed upon. If the defect 

 was evident to every eye, the purchaser has 

 no remedy ; he should have taken more care ; 

 but if a warranty was given, it extends to all 

 unsoundness, palpable or concealed. Although 

 a person should ignorantly or carelessly buy a 

 blind Horse, warranted sound, he may return 

 it; the warranty is his guard, and prevents 

 him from so closely examining the Horse as 

 he otherwise would have done ; but if he buys 

 a blind Horse, thinking him to be sound, and 

 without a warranty, he has no remedy. The 

 law supposes every one to exercise common 

 circumspection and commoi. sense. 



A man should have a more perfect know- 

 ledge of Horses than falls to the lot of most, 

 and a perfect knowledge of the vendor too, 

 who ventures to buy a Horse without a war- 

 ranty. 



If a person buys a Horse warranted sound, 

 and discovering no defect in him, and relying 

 on the warranty, resells him, and the unsound- 

 ness is discovered by the second purchaser, and 

 the Horse returned to the first purchaser, or 

 an action commenced against him, he has his 

 claim on the first seller, and may demand of 

 him not only the price of the Horse, or the 

 difference in value, bui every expence that 

 may have been incurred. 



Exchanges, whether of one Horse absolutely 

 for another, or a sum of money being paid in 

 addition by one of the parties, stand on the 

 same ground as simple sales. If there is a 

 warranty on either side, and that is broken, 

 the exchange is vitiated : if there be no war 

 ranty, deceit must be proved. 



The subject of trial is a very intricate one, 

 and we are inclined to think that the dealer is 

 often verv ill-used. It is well known that a 



