305 



It will have been noticed, that Lord Ellenborough 

 alludes to it in the case of Elton v. Brogden, just 

 quoted. The following case of Liddard v. Kain, 

 9 Moore, 356, raised the question, and it may be 

 observed in passing, that the doctrine of a continuing 

 warranty, here established, is very important. 



" Where the seller informed the buyer, that one 

 of two horses he was about to sell him had a cold, 

 but he ao'reed to deliver both at the end of a fort- 

 night, sound, and free from blemish ; and at the 

 expiration of the time, the horses were delivered, 

 but the cough on the one still continued, and the 

 other had a swollen leg, in consequence of a kick 

 he had received in the stable; and the seller 

 brought an action to recover the price, and the 

 jury found a verdict for the purchaser; the court 

 refused to grant a new trial, as the warranty did 

 not apply to the time of sale only, but w^as a con- 

 tinuing v/arranty to the end of the fortnight." 



On the question of a cough being unsoundness, 

 Chief Justice Best held, thoup-h the couoh mio'ht 

 be a mere temporary unsoundness, yet it might 

 eventually produce a disease on the lungs. It 

 should be noticed, that Mr. Sergeant Wilde con- 

 tended, in this case, that the warranty did not 

 extend to the cough or cold, because it was an 

 existing and manifest defect ; and that, if a war- 



X 



