PREFACE. XlU 



Courts of Law, tliis perpetual fluctuation 

 must continue to take place. 



The late Lord IMansfield maintained, thai: 

 ten pounds was a price sufficient to con- 

 stitute a warranty, and for many years that 

 principle was acted upon. It lias since, 

 however, been exploded, and the price, at 

 present, is of no effect, except it be accom- 

 panied with a written warranty, or a verbal 

 one, delivered in the presence of a third 

 person. 



By some judges, the disease called running 

 thrushes has been deemed an unsoundness, 

 while others have held a contrary opinion. 

 But Judges and Barristers cannot be ex- 

 pected to be thoroughly versed in the par- 

 ticulars of a trade, which, even the study of 

 a Avhole life, exclusively directed thereto, is 

 not always sufficient to acquire. It is the 

 fashion to declaim against the dishonesty of 

 dealers ; I am not ambitious of being con- 

 sidered their champion, but, justice obliges 

 me to declare that they labour under many 

 disadvantages, to which no other traders are 

 exposed. If a dealer bring a cause into 

 court, the bias in the minds of the jury is 

 almost invariablv a2;ainst him. He has also 

 generally less evidence to produce on the 



