275 



But I admit that if this is good law, it certainly 

 would seem to apply only in such extreme cases 

 as the one here instanced : yet in Margetson v. 

 Wright, 5 M. and P., 606, it was held that a 

 warranty that a horse was sound wind and limb, 

 did not include crib-biting, because it was expressly 

 mentioned ; nor a splent, because it was apparent ; 

 vide also, 7 Bing. 603, and 8 Bing. 454. 



An absolute warranty may be given either ver- 

 bally or in writing, subject to one or two qualifi- 

 cations. It has been already seen, that by the 

 statute of frauds there must be a memorandum in 

 writing, if the horse is not delivered on the spot, 

 either actually or constructively ; or if money is 

 not actually paid as "earnest:" if in pursuance of 

 the statute a written memorandum is made, I 

 think, though the cases are somewhat contradic- 

 tory, that it would be by far the safer course, if 

 not absolutely necessary, to include in the memo- 

 randum, the exact terms of the warranty : vide the 

 case of Pickering and Dowson, before quoted. 



It is, as I have already observed, a general rule 

 of law, that where a written memorandum of agree- 

 ment exists, you cannot give parole evidence to 

 carry that agreement farther; if, however, no 

 memorandum has been made of the contract, the 

 warranty may be verbal and equally binding. 

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