174 SALES BY AUCTION. 



If through unforeseen circumstances — such as the 

 development of disease dormant at the time of sale — 

 the buyer be prevented from returning the animal 

 within the specified time, on the ground of un- 

 soundness, though warranted, the purchaser has 

 still the liberty of bringing an action against the 

 vendor. 



In the event of illness arising under the foregoing 

 or similar circumstances, it is expedient for the 

 vendee to have professional advice regarding the 

 care of the animal, at the same time giving due 

 notice of the fact to the auctioneer, and, if possible, 

 to the principal. 



A limited warranty does not, under such circum- 

 stances as the foregoing, in the writer's opinion, 

 debar the purchaser from maintaining an action 

 for breach of warranty. 



In the case of a horse " warranted quiet in har- 

 ness," and a dispute arising as to the correctness of 

 such warranty, the proprietor of the repository may 

 order that the animal be tried by a disinterested 

 third party, and, if the trial proves to be against 

 the vendor, the latter must pay the expenses of 

 such trial, the cost of the animal's keep, etc. 



It has been held that a horse may be re-sold by 

 public auction if the purchaser fails to clear the 



