274 



diseases, blemishes, and imperfections ; or exempt 

 with certain exceptions ; or that he shall be gifted 

 with a certain degree of speed, or other qualifica- 

 tions ; or be of a certain age, or not exceeding that 

 age : in short it amounts to this ; that certain con- 

 ditions being specified by the purchaser, the seller 

 will be liable for any difference in value, if those 

 conditions are not performed; but it has been 

 held that a warranty against visible defects is bad 

 in law, the purchaser being expected not only 

 to possess ordinary skill but to exhibit ordinary 

 caution. 



In Dyer v. Hargrave, 10 Ves. 507, the Master' 



of the Rolls said it was held at law, that a war-i 



ranty is not binding where the defect is obvious.. 



and put the case of a horse with a visible defect : 



which doctrine is also held in Bay ley v. Merrel,| 



Cro. Eliz. 389, where the judge puts the case of ai 



horse sold under a warranty that he has both hisj 



eyes, when in fact he has but one. I 



These cases would seem to have been overlooked j 



by the author of the work, " The Law relating to| 



Horses," when he observes that the loss of an eye 



is an existing unsoundness. The loss of an eye is! 



a patent defect, unless it arises from the diseasei 



called " gutta serena," or a paralysis of the optio 



nerve without any apparent injury. 



