353 



among the dealers; and in this case it will not 

 reduce the price to any extent worth mentioning, 

 if the seller refuses to warrant. A dealer always 

 asks a warranty, because he can resell the horse 

 with more security ; but it influences him very little 

 in fixing his price. He knows that the horse 

 would not be sold except for some fault, real or 

 suspected, and he usually takes his chance of the 

 fault, and places as little faith in the seller's war- 

 ranty as he is conscious that his own deserves. 

 Cases too have been known where a dealer, find- 

 ing his purchase not suited to the taste of an ex- 

 pected customer, has purposely physicked the 

 horse, that he might return him as unsound, on the 

 warranty. 



If strict veracity is always politic, there are 

 some cases in which it is indispensable. I am of 

 opinion that a man cannot sell a horse that he 

 knows to be vicious, especially vicious in the sta- 

 ble, without incurring a personal responsibiUty for 

 all consequences. If such a horse should occasion 

 the loss of life, the vendor who concealed the vice 

 would be morally, and perhaps legally, guilty of 

 manslaughter : if he should only endanger a limb, 

 or otherwise injure a person, or even a carriage, 

 a seller with a warranty^ who suppressed the ani- 

 mal's tricks, would be responsible in damages to 

 2a 



