78 DOMESTIC A^niALS. 



and that the purchaser was imposed upon by his false representation, or 

 other fraudulent means. 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, that extends to all unsoundness, palpable or con- 

 cealed. Although a person should ignorantly or carelessly buy a blind 

 horse, warranted sound, he may reject 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. Every one ought to 

 exercise common circumspection and common sense. 



A man should have a more perfect knowledge of horses than falls to 

 the lot of most, and a perfect knowledge of the vender too, who ven- 

 tures to buy a horse without a warranty. 



If a person buys a horse warranted sound, and discovering no defect 

 in him, and, relying on the warranty, resells him, and the unsoundness 

 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 diff"erence in value, but every expense that may have been 

 incurred. 



Absolute exchanges, of one horse 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 bro- 

 ken, an action may be maintained : if there be no warranty, deceit 

 must be proved. 



The trial of horses on sale often leads to disputes. The law is per- 

 fectly clear, but the application of it, as in other matters connected with 

 horse-flesh, attended with glorious uncertainty. The intended purcha- 

 ser is only liable for damage done to the horse through his own mis- 

 conduct. The seller may put what restriction he chooses on the trial, 

 and takes the risks of all accidents in the fair use of the horse within 

 such restrictions. 



If a horse from a dealer's stable is galloped far and fast, it is probable 

 that he will soon show distress; and if he is pushed farther, inflamma- 

 tion and death may ensue. The dealer rarely gets recompensed for 

 this; nor ought he, as he knows the unfitness of his horse, and may 

 thank himself for permitting such a trial ; and if it should occur soon 

 after the sale, he runs the risk of having the horse returned, or of an 

 action for its price. 



It is proper, however, to put a limit to what has been too frequently 

 asserted from the bench, that a horse warranted sound must be taken 

 as fit for immediate use, and capable of being immediately put to any 

 fair work the owner chooses. A hunter honestly warranted sound is 

 certainly warranted to be in immediate condition to follow the hounds. 

 The mysteries of condition, as has been shown in a former part of the 

 work, are not sufficiently unraveled. 



One of the regulations of the Bazaar in King Street was exceedingly 

 fair, both with regard to the previous owner and the purchaser, viz. — 



" When a horse, having been warranted sound, shall be returned 

 withm the prescribed period, on account of unsoundness, a certificate 



