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and vamped up, he cannot repudiate the contract, 

 unless he can show that it was sold to him as a 

 new one. Or once more, if he purchases an aged 

 horse, stale and worn-out, he cannot rescind the 

 contract, unless he can prove a false representation 

 that it was young and fresh, or that he asked for a 

 young horse ; and even then perhaps, as regarded 

 the freshness of the horse, it would be a matter on 

 which it would be held, that his own judgment 

 ought to be sufficient to guide him. 



There are some instances in which the principle 

 of this maxim of caveat emptor applies, which are 

 yet more material for the purchaser to understand : 

 if he enters the stable to buy a hunter, a race horse, 

 or a dray horse, he must judge of the suitableness 

 of the animal for his purpose at his own peril ; 

 unless, according to the previous doctrine of implied 

 warranty, he distinctly and unequivocally avows 

 his object. The ignorance of horse-purchasers 

 is frequently so great, that they assume every 

 animal with four legs and a tail, to be capable of 

 every employment to which horses, as a class, 

 can be applied. This is a great mistake, as I have 

 already shown in my earlier pages ; but the mis- 

 take is yet more serious, where a purchaser, or a 

 grasping attorney, ventures into a court of law to 

 remedy it. 



