310 



horse was twelve years old, when it had been repre- 

 sented to be only six. Now the age of a horse, if 

 he exceeds eight, is a patent defect; and conse- 

 quently, upon the doctrine laid down in Margetson 

 V. Wright, an action would not be maintainable 

 upon such a representation. There is the case 

 however, before mentioned, of Budd v. Fairmaner, 

 in 8 Bingham, 48, where the warranty being, 

 "Received £10, for a grey four-year old colt, 

 warranted sound," it was held that the action did 

 not lie, though the colt proved to be only three. 

 But to return from this digression — 



A nerved horse is held to be unsound, in Best v. 

 Osborne, Ryan and Moody, 290. 



It was proved, that horses previously lame, 

 would when nerved, frequently go free from lame- 

 ness, and continue so for years ; and that horses, 

 after the operation, had been employed for years 

 as cavalry horses, in active service. 



Chief Justice Best told the jury, that it was 

 difficult to say that a horse, in which there was an 

 organic defect, could be considered sound ; that 

 sound, meant perfect ; and a horse deprived of a 

 useful nerve was imperfect, and had not that capa- 

 city of service which is stipulated for in a warranty. 

 The plaintiff obtained a verdict. 



It is due to Mr. Sewell to mention, that this 



