WARRANTY. 167 



Mr. Baron Parke, in the case of Street v. Blay, 

 said : — 



" When a horse is warranted sound, and turns 

 out otherwise, the purchaser has no right to return 

 him unless the warranty was fraudulent ; his only 

 remedy is an action on the warranty. This has 

 been lately settled, but the general impression 

 formerly amongst the legal profession, and now 

 amongst all others, is that the purchaser is to return 

 the horse." 



But if on the sale of a horse there be an express 

 warranty by the seller that the horse is sound, free 

 from vice, etc., yet if it be accompanied with an 

 undertaking on the part of the seller to take back 

 the horse and repay the purchase money, and on 

 trial the animal is found to have any of the defects 

 covered by the warranty, the buyer must return 

 the horse as soon as he discovers any of the 

 defects, unless he has been induced to prolong the 

 trial, through any subsequent misrepresentation of 

 the seller, because in these circumstances a trial 

 means a reasonable trial. 



" The right to return a horse, sold with a 

 warranty which proves incorrect, is not taken away 

 by the fact that the buyer, before removing him, 

 might have found out that the warranty was 



