WARRANTY. i6i 



The defendant might with perfect justice deny 

 that the lameness was caused by the sphnt, because 

 for every one splint that does cause lameness, 

 there are half a dozen, at least, that do not do so. 



In the United States it has been held that a 

 general warranty extends to patent defects, if the 

 seller does not allow the buyer to see the animal 

 beforehand. 



In England, if a person residing in one part of the 

 country purchases a horse with a written warranty 

 from a party residing in some other part, the seller 

 becomes liable for breach of warranty, if on arrival 

 the horse has some patent defect, such as being 

 blind, having a capped elbow or other marked 

 growth, etc., the purchaser need not receive the 

 animal at all, because it does not answer the 

 description of the order. 



The same remark applies when the vendor objects 

 to the buyer examining the horse, but says that he 

 will warrant him correct, though the purchaser 

 has been suspicious of some fault. It renders the 

 seller liable. 



II 



