276 



It must also be observed, that if the absolute 

 warranty is at all special in its terms, as, for 

 instance, if it is a warranty that the horse is sound, 

 except as to a cough, and that it is free from blemish, 

 except as to one eye, or that it is free from vice, , 

 except in harness, or that it will trot fifteen miles 

 within the hour, it is in all such cases most im- 

 portant that the warranty should be accurately 

 reduced to writing ; for every lawyer knows that 

 nine out of ten of the cases that come into court, 

 depend upon the recollection of the witnesses as to 

 facts. 



When however, a warranty is reduced to writ- 

 ing, another precaution is equally indispensable, — 

 the stipulated terms must be accurately expressed; 

 the dealer on the one hand will be strictly held to 

 his warranty, and the purchaser on the other will 

 be strictly precluded from grafting any equivocal 

 engagement upon it. 



This position is strongly illustrated in the fol- 

 lowing case : — 



Coltherd v. Puncheon, 2 Dowling and Ryland. 

 — " Proof that a horse is a good drawer only, will 

 not satisfy a warranty that he is a good drawer 

 and pulls quietly in harness.'' 



" It is quite clear," said the court, '^ in this case 

 that these are convertible terms, because no horse 



