329 



It seems, however, to result from the cases 

 which I have quoted, that even where an express 

 stipulation is made in the contract, that the pur- 

 chaser should be at liberty to return the horse, the 

 return must be made within a reasonable time. 

 The case of Mesnard v. Aldridge, 3 Esp. 271, 

 which was a case of sale by auction, goes farther 

 than this, and holds a purchaser rigorously to the 

 condition of a return within any stipulated time ; 

 the time here stipulated was two days, but the 

 horse was not returned till the third day, and Lord 

 Kenyon held that this was insufficient. The case, 

 however, is quoted in the books, to establish ano- 

 ther point ; that purchasers are bound to take notice 

 of conditions declared by an auctioneer to be the 

 usual conditions, though he does not specify them, 

 if they are posted up in a conspicuous place. The 

 case of Cellis u. Mortimer, 1 New Reports, 257, 

 also decides that where ^n express condition is 

 made as to the time of return, it must be literally 

 construed as regards the seller, as well as the 

 buyer. 



I should have mentioned before the case of 

 Hopkins v, Appleby, 1 Starkie, 477, as a case in 

 point, as to a reasonable time for return, where no 

 express stipulation is made. Lord EUenborough 

 there ruled, that "where an objection is made to 



