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splent invisible when the defendant sold him, the. 

 defendant was liable on his warranty. 



This case had been before the court on a foniie 

 occasion {vide 7 Bingham, 603), when it appeared 

 that the defendant had warranted the horse to be 

 sound, wind and limb, at the time of the bar- 

 gain, and sold it for £90 ; it was a race-horse, 

 which had broken down in training, and was 

 affected with splent, — circumstances which were 

 disclosed to the plaintiff, and but for which the 

 horse would have been worth £500. It was held 

 that this warranty did not import that the horse 

 was fit for the purposes of an ordinary horse. 



This case is doubly important, because it was 

 also held, that defects apparent at the time of- 

 warranty are not included in it. 



Chief Justice Tindal : " Two subjects which might 

 or might not have become a source of unsoundness, 

 namely, crib-biting and a splent, were discovered 

 by the parties at the time of the bargain, and 

 after that discussion, the warranty in question was 

 entered into. Now the older books lay it down, 

 that defects apparent at the time of the bargain 

 are not included in a warranty, however general, 

 because they can form no subject of deceit or 

 fraud ; and originally, the mode of proceeding on 

 a breach of warranty was by an action of deceit. 



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