144 ^N PURCHASE AND SALE. 



tody of the purchafer, who in fuch cafe muft 

 fuftain the lofs. In cafes of this nature, as well 

 as all others, juftice muft depend, in the laft re- 

 fort, upon the judgment and integrity of the 

 evidence. 



The impending caufes of unfoundnefs are 

 various ; fuch as, rottennefs, defefts in the eyes, 

 and wind; fplents, and fpavins. For example, a 

 rotten horfe may be bought and fold as a found 

 one ; his gaunt, hide-bound, and ill-favoured 

 appearance, being attributed to bad ufage, and 

 want of condition ; but death in a few days may 

 convince the buyer of his error. In juft fuch a 

 predicament I found rayfelf fome years ago, 

 when I purchafed a mare of a noble Lord, for 

 eighteen pounds, warranted found, which died 

 rotten about ten days afterwards ; her liver, on 

 examination, appearing to be totally decayed. 

 Doubtlefs I had a remedy at law, but my com- 

 plaifance extended fo far, that I did not call 

 upon his Lordfhip. A horfe may chance to be 

 fold in the inftant that a cloud in his eye is be- 

 ginning to occafion partial blindnefs, inftances 

 of which I have witnefled ; or juft before he be- 

 comes lame, from an initient iplent, or fpavin ; 

 in fuch cafes, the defeft muft have exifted at 

 the time of fale, the warranty wasfalfe, and the 

 bargain is void. In cafe of warranting a one- 

 eyed horfe, it is ufual to fay, found, " barring the 



" eye; 



