193 



TYPICAL ACTIONS AT LAW RELATING TO 

 THE SALE AND PURCHASE OF HORSES. 



The following reports of cases, tried at Common Law 

 and in County Courts, have been selected with a view of 

 giving the reader useful decisions in a number of actions 

 dealing with ordinary cases of the sale and purchase of 

 horses. 



Furness v. Thompson. 



BROKEN-WIND — CONCEALMENT OF UNSOUNDNESS — FRAUD. 



The plaintiff, an importer of Swedish horses, had a large 

 number of horses, which he instructed Messrs. R. Merry- 

 weather and Son to sell by auction at West Hartlepool. 

 The auctioneers issued an advertisement and a circular, 

 setting forth, in flowery language, the many good 

 qualities of the animals which they had to dispose of, 

 which had the effect of attracting a large company. In 

 the advertisements and circulars the only warranty given 

 was that the whole of the animals were quiet in harness, 

 and in the conditions of sale, which were read before the 

 commencement of the auction, it was stated that all lots 

 would be bought at the risk of the purchaser with all 

 their faults. 



Lot 17 was a chestnut mare, seven years old, 

 fourteen hands two inches high, and it was led up and 

 down as is usual before the commencement of the bidding, 

 which eventually terminated by the defendant, a farmer, 

 near Bedale, purchasing the animal for £22. The same 



13 



