l64 WARRANTY. 



subsequently discovers is not so, and was not sound, 

 as proved, at the time of purchase, does not compel 

 the vendor to take the animal back again. Neither 

 does it prevent the seller from raising an action for 

 the recovery of the purchase price, excepting in 

 the case of fraud or express agreement ; but the 

 buyer can plead breach of warranty as a counter- 

 claim in reduction of damages. 



In Scotland it is customary amongst dealers to 

 have the animal examined by a M.R.C.V.S. directly 

 unsoundness is discovered. The examiner writes 

 his certificate, and may or may not state therein 

 the duration, in his opinion, of the cause of such 

 unsoundness. In any case, the buyer should 

 submit the certificate to the vendor at once, prefer- 

 ably personally, and in the presence of a witness, 

 at the same time tendering the animal, and asking 

 for the return of the money ; but care should be 

 taken to guard against delivery of the horse with- 

 out the money. 



If a person asks another to supply him with a 

 horse for a specific use, the buyer can return the 

 animal if he does so within the time needful for 

 discovering that it is not suitable for the pur- , 

 poses prescribed to the seller under executory con- 

 tract. 



