289 



offers the defence to his vendor, who gives no 

 directions as to the action, the plaintiff in defending 

 that action, is entitled to recover the costs thereof 

 from his vendor, as part of the damage occasioned 

 by his breach of warranty." 



The judgment of the comt proceeded on the 

 iground that the warranty of the first vendor in- 

 duced the second to give a similar warranty, and 

 having given to the first vendor notice of the action, 

 he was justified in going on with the defence, in- 

 stead of admitting the objection on the warranty, 

 and relying on his remedy over upon it ; as it was 

 contended by counsel that he ought to have done. 



It should be observed, that if a seller warrants 

 a horse, he does so at his own peril, if the horse is 

 unsound at the time of sale, whether he knew it 

 or not. Anon. Loff. 146. 



We now arrive at the awful question, what is 

 intended by soundness in a horse ? and though I 

 have just observed that this is properly a question 

 for a jury, I do not mean to contend that there 

 is not a certain legal definition of the term, by 

 which a jury should be directed to consider their 

 verdict. 



In the earlier part of this book, writing in a tone 

 of levity more becoming the character of the topics 

 of which I have there treated, I have remarked 

 u 



