325 



warranted sound, which it can be clearly proved, 

 was unsound at the time of sale, the seller is liable 

 to an action on the warranty without either the 

 horse being returned, or notice given of the un- 

 soundness." 



The plaintiff had bought the mare in question, 

 of the defendant, at Winnel fair, in the month of 

 March, for thirty guineas; and the defendant 

 warranted her sound, and free from vice and 

 blemish. Soon after the sale, the plaintiff dis- 

 covered that she was a roarer, had a thorough pin, 

 and a swelled hock from kicking ; but he kept her 

 three months after this discovery, during which 

 time he gave her physic, and used other means to 

 cure her. At the end of three months he sold her; 

 but she was soon returned to him as unsound. 

 After she was so returned, the plaintiff kept her 

 till October, and then sent her back to the defendant 

 as unsound, but he refused to receive her. On her 

 way back to the plaintiff, she died, and on being 

 opened, it was the opinion of the farriers, that she 

 had been unsound for a full twelvemonth before her 

 death. The plaintiff had never communicated her 

 unsoundness to the defendant, although he had 

 been in frequent intercourse with him. 



Lord Louo-hborouo;h observed, "Where there is 

 an express warranty, the warrantor undertakes that 



