384 WARRANTY. 



The purchaser may, possibly, like the horse; notwithstandinp^ hig 

 discove: ^a detect; ki vrnicAi case ^q may leialn Lizn. and iTing ^u 

 action f -: iho deprsciaticn in valne on r.cccnn' cl -tho nnscundness. 

 Few, however, will do this, because the retaining of the animal will 

 give rise to a suspicion that the defect is of no great consequence, 

 and consequently will occasion much cavil about the amount of 

 damages ; the suit terminating, probably, in the recovery of slight, 

 if any, damages. 



Where there is no warranty, an action may be brought on the 

 ground of fraud; but as this is very difficult to be maintain^, few 

 persons will hazard it. It will in such a case, be necessary to prove 

 that the seller knew the defect, and that the buyer was imposed 

 upon by his false representations ; and that, too,- under circum- 

 stances in which a person of ordinary carefulness and circumspection 

 might have been imposed upon. If the defect was palpably evident, 

 the purchaser has n(v remedy, for he should have exercised more 

 caution ; but if a warranty was given, it covers every unsoundness, 

 evident or c'oncealed. Although a person should ignorantly or 

 carelessly buy a blind horse, warranted sound, he may return it — 

 the warranty is his protection, and prevents him from examining 

 the horse as closely as he otherwise would have done ; but if he 

 buys a blind horse, supposing him to be sound, and without a war- 

 ranty, he is without any remedy. The law supposes every one to 

 exercise common circumspection and common sense. 



A person should have a more thorough knowledge of horses than 

 most possess, together with perfect confidence in the seller, who 

 ventures to buy a horse without a warranty. If a person buy a 

 horse warranted sound, and discovering no defect in him, sells him 

 again, relying upon his warranty, and the unsoundness is discov- 

 ered by the second purchaser, and the horse returned to the first 

 buyer, or an action commenced against him, the latter has his claim 

 upon the first seller, and may demand of him not only the price of 

 the horse, or the dilference in value, but all expenses which may 

 necessarily have been incurred. 



Exchanges, whether of one horse absolutely for another, or where 

 a Slim of money is paid in addition by one of the parties, stand upon 

 precisely the same ground as simple sales. If there is a warranty 

 upon either side, and that is broken, the exchange is vitiated ; if 

 there is no warranty, deceit must be proved. 



THE END. 



