330 



an article of sale, common justice and honesty 

 require that it should be returned at the earliest 

 period." But if a return cannot be insisted on, 

 without express stipulation, as appears to be decided 

 in Street v, Blay, this case is, comparatively, of 

 little importance. 



I have referred to the case of Buchanan v. 

 Pamshavv, though upon a different point; it was 

 held in that case, that if a horse sold at a public 

 auction be warranted sound, and six years old ; 

 and it be one of the conditions of sale, that he 

 should be deemed sound, unless returned in two 

 days, this condition applies only to the wairanty of 

 soundness. 



This is a liberal construction of the rule, that 

 the time fixed for return must be rigorously adhered 

 to ; though it must be observed, at the same time, 

 that it was rather considered that the rule did not in- 

 clude the age, than, that if it had done so, it could 

 be relaxed. This case of Buchanan v. Parnshaw, 

 was distinguished from the case of a notice board 

 fixed up in the yard of a seller by commission, in 

 Best V. Osborne, 2 Carrington and Payne, 74; it 

 was here held, that where such a notice is fixed up 

 in a private yard, it was a question for the jury to con- 

 sider whether the purchaser bought, subject to that 

 notice. This last mentioned case of Best v, Osborne, 



