172 SALES BY AUCTION. 



Let us take the case of a horse sold at pubUc 

 auction with a warranty of soundness, followed by 

 its age, and that the regulations of the repository 

 demand that the animal should be returned within, 

 say, a couple or three days, if discovered to be 

 unsotmd. 



A buyer, discovering the age to be different from 

 that given in the catalogue, may, weeks afterwards, 

 be able to maintain an action against the seller, 

 because the conditions of sale apply only to the 

 warranty, and not to the representations following 

 the wording of the warranty as to soundness. 



There are many hidden defects common to 

 horses that cannot be discovered during the time 

 specified for the return of a horse by the repository 

 regulations, and, unless the seller has resorted to 

 fraud, it would not appear that an action could be 

 maintained. 



If a seller employs an auctioneer to dispose of a 

 horse for him — say, one that has been unnerved — 

 and the buyer subsequently proves that this opera- 

 tion had been performed whilst in the seller's 

 possession, he can recover the price, plus expenses 

 incurred, if the animal has been tendered to the 

 vendor and he has refused to take it back. 



The auctioneer need not pay the money over to 



