PREFACE. XXI 



them for that purpose. The reduction in 

 the price also, in the sale of a blemished 

 horse, is generally equivalent to the sub- 

 sequent risk. This, therefore, furnishes 

 another argument for the establishment of 

 the above principle. 



The Reader will understand that this doc- 

 trine is intended to provide only for cases 

 where an actual warrant}^ has been given ; 

 that being the only ground upon which 

 litigation can be maintained. 



In returning a horse as unsound, it has 

 generally been supposed to be necessary 

 that the seller should receive him again to 

 make it a legal return. Hence it has some-r 

 times happened, in the event of a refiisal, 

 that the horse has been turned loose on the 

 premises of the seller. There is no neces- 

 sity, however, for this process ; it being suf- 

 ficient to give notice, by a witness, that the 

 horse is not accepted, and that he is ready 

 to be delivered up, when sent for. This 

 point has lately been established in our 

 courts of law; and the justice of it is evi- 

 dent, for there may be a distance of a hun- 

 dred miles between the parties, and the 

 mortification and disappointment arising 

 from having bought an unsound horse, must 



