297 



known to the seller, unless such as are specially 

 excepted. This is too comprehensive. Kit were 

 conventionally settled, that a general w^arranty 

 shall extend only to all defects discovered within 

 a given time, as a week for instance, or against all 

 defects incapacitating a horse for that labour for 

 which he was avowedly purchased, — a construction 

 which I should prefer, — little difference of opinion 

 could arise as to the horse answering such a war- 

 ranty. The first form of warranty would certainly 

 dispose of nearly all doubtful cases. The second 

 would render the contract between the buyer and 

 seller too clear and precise to leave room for any 

 question that a groom could not easily determine. 

 Such an arrangement would considerably abridge 

 the inquiry of a jury on every horse cause, by 

 reducing the issue to the simple question of the 

 horse's capacity for given work, whether labouring 

 under disease or not ; and the convenience would 

 be soon found so great to the public, that I have 

 little doubt of the courts of law inclinins; to sane- 

 tion such a construction of a horse warranty. The 

 capacity of a horse for work would of course be 

 in many instances a critical question j nor would 

 it be less so, whether the work in which the pur- 

 chaser had employed him, corresponded with that 

 for which he had avowedly purchased him ; but 



