WARRANTY. 157 



simply a warranty applying to the soundness of 

 the organs or part specifically named, and no 

 action can be maintained for unsoundness else- 

 where, where fraud has not been employed. 



Defects patent to the eye of the purchaser are not 

 covered by general warranty ^ because such are obvious 

 to the buyer. The chief trouble which would be 

 likely to arise under these circumstances would 

 be that which " constitutes a patent defect." The 

 judge, or jury, will have to decide this matter. 



If a horse had, say, a " cloudy " cornea, and the 

 seller showed him with bUnkers to his bridle, could 

 one expect the buyer to have observed it ? In 

 the author's opinion, the defect, though patent 

 when the horse had no bridle on, has been partly 

 obscured. If the buyer knew of this defect, he could 

 not recover on a general warranty. 



Gutta Serena or glass-eye, does not constitute a 

 patent defect, though the sight is completely lost, 

 temporarily, or permanently . 



The same remark applies to cataract. 



The buyer of a horse, knowing it to be blind, 

 cannot maintain an action against the seller for 

 breach of warranty, although the horse was war- 

 ranted sound in every way. 



In making a rule for a new trial with reference to 



