340 



be for mine ; but I have wished to make my book 

 complete, as a book of reference upon the law of 

 warranty, so far as it relates to horses ; and I have, 

 therefore, at the risk of being prolix, referred to 

 every case that I can find upon the subject, with 

 the exception of two or three, which merely relate 

 to dry points of pleading, in actions of which horses 

 are accidentally the subject. 



The case of Miles v. Sheward, 8 East, 7, is one 

 of these, but it is expedient to mention it, because, 

 though it is only quoted as an authority on a point 

 of pleading, it involves matter of popular interest. 

 The warranty was, that the horse was worth £80, 

 that it was sound, was a young horse, and had 

 never been in harness. The plaintiff, however, 

 limited his declaration to a breach of that part of 

 the warranty which extended to his value and age. 

 It was objected that he had not set out the whole 

 warranty, but Lord EUenborough ruled that this 

 was unnecessary. Hence it follows that where 

 the seller gives a warranty extending to several 

 particulars, he is liable for a breach of any part of 

 that warranty, although on other parts he may 

 have fulfilled his engagement. If, for instance, 

 he undertakes that the horse is sound and five 

 years old, he is liable should the age be incorrect, 

 although the horse may prove perfectly sound. 



