152 WARRANTY. 



When a contract is entered into, and a warranty 

 given at the time of, or before the sale, and the 

 buyer reUes on the bona fides of the warranty, the 

 latter can maintain an action if there is a breach 

 of the warranty. 



" In a case where the seller told the buyer that one 

 of the horses he was selHng him had a cold, but 

 agreed to deliver both at the end of a couple of 

 weeks sound and correct in every way : and at the 

 end of this time both the horses were deUvered 

 but one had a " filled leg," and the other a cough 

 (present at the time of sale), the vendor brought an 

 action to recover the price, but he was non-suited 

 and the Court of Common Pleas refused to grant 

 a new trial, holding that the warranty did 7iot apply 

 to the time of sale, but to a future period " (OHphant's 

 "Law of Horses"). 



If a person sells a horse for specified purposes, 

 and the animal does not conform to the description, 

 the buyer is entitled to recover. It is a warranty 

 for a particular purpose. 



When a seller disposes of a horse as quiet to ride 

 and drive, followed by the words, " warranted 

 sound," there is no warranty as to the animal being 

 quiet to ride and drive. 



If the seller is guilty of any fraudulent practice 



