245 



undertakings in all cases, it is a phrase most com- 

 monly used in horse-dealing transactions. 



It is clearly established, more particularly in the 

 case of horses, that a warranty of soundness cannot 

 be implied, but that, in order to make the seller 

 Uable for unsoundness, he must have given an 

 express warranty. It is, however, to be observed, 

 that if the seller makes tny representation as to 

 the horse, (though it be not intended as a warranty,) 

 and that representation be false, he is liable in 

 i damages for the fraud ; and the buyer is not bound 

 to keep the horse, the contract being void, ab initio, 

 for the fraud : but the seller is liable in these cases 

 only ; and therefore my readers will collect, that 

 in buying a horse, they ought to take an express 

 warranty of soundness, or they will othervdse be 

 without remedy if the horse proves unsound, unless 

 they can prove representations fraudulently made ; 

 and the same remarks apply to age, freedom from 

 vice, &c., and generally to all the horse's qualities. 

 I propose to classify the cases to which I shall 

 refer under the three heads that I have mentioned, 

 Implied Warranty — Fraudulent Representation — 

 and Express Warranty. Some of them however, 

 will be perceived to have an indirect bearing upon 

 either subject ; and some will appear a little con- 

 flicting with each other. My object being to 



