ACTIONS AT LAW. 221 



enumerated, other than soundness, were warranted. And 

 he argued that they were so, and that soundness was 

 specially warranted. I cannot agree with him in that 

 opinion. I find, as a fact, that the parties did not so 

 intend. This would be sufficient, in my opinion, to give 

 the plaintiff a verdict. But beyond this, I think the 

 matter is concluded by the conditions of sale. The sixth 

 condition has these words : ' No warranty to be implied 

 from price or otherwise, or held as granted, unless expressly 

 agreed to in cases of sale by private contract, or announced 

 by the auctioneer from the box in sales by auction.' It is in 

 evidence that no such announcement was made by the 

 auctioneer on the sale of Lot 22. My judgment, there- 

 fore, is for the plaintiff. I have given my reasons at greater 

 length than was, perhaps, necessary to determine the 

 question immediately before me, because the interests of 

 so many persons are affected by it." 



[Note. — The decision in the above case is clearly right. 

 There was no warranty, but merely a representation. 

 The conditions in the auctioneers' catalogue were perfectly 

 plain, and as such ought to have been sufficient to have 

 prevented any buyer from being misled as to the warranty 

 of the animal purchased. Every buyer ought to know that 

 it is customary for the majority of horse dealers to sell 

 their animals as seven, eight, or nine years, though they 

 may be twice or thrice this age.] 



Mann v. Stephens. 



VETERINARY SURGEON's CERTIFICATE — ALLEGED NEGLI- 

 GENCE — LIABILITY OF VETERINARY SURGEON. 



At the Penzance County Court, before Mr. Montague 

 Bere, Q.C., judge, this action was tried in which 

 Wilham Mann, of St. Buryan, sought to recover £50 from 



