Warranties 207 



buy a horse which it is agreed shall be suitable 

 for a specific purpose, he need not take it unless 

 it proves, upon delivery, to be suitable for that 

 purpose. In case any agreement or statement 

 made by the seller is of such a nature as to 

 amount to a term of the contract as explained 

 above, a breach thereof will confer a right to 

 relief upon the buyer. If the statement made 

 can be said, by a court, to be important enough 

 to go to the very root of the contract, so that 

 if it proves false it destroys the very essence 

 thereof, such untrue statement gives a right to 

 the buyer to reject the animal and sue for dam- 

 ages for breach of contract. But if he accept 

 the animal, and its defects are known to him at 

 the time, or could have been ascertained by rea- 

 sonable inspection, he has no right to damages; 

 but if the term or representation which has been 

 broken or proved false is not of such a nature 

 as to be the very essence of the contract of sale 

 and only partially affects it, so that it can be 

 compensated in damages, it confers no right upon 

 the buyer to reject or return the animal, but he 

 must accept and retain it, and sue for his dam- 

 ages against the seller. This often results in 

 one recovering an uncollectable judgment against 

 a worthless "horse jockey," as habitual horse 

 traders are commonly called in the eastern 

 states. 



