28 Centaur ; 



FOUM OF WAERANTY. 



Walsall, 18 



Received of Mr. A. B., the sum of £ 

 for a (Bay Gelding), 



(warranted five j^ears old and no more), sound in every 

 respect, quiet to ride and drive, and free from vice. 



£ xleceipt Stamp only 



requisite. 



Warranty must be upon the sale ; if it be made after- 

 wards, it must be reduced to writing, otherwise it will not 

 be binding on the Vendor. A warranty of soundness may 

 be defined, in an enlarged sense, an assurance from con- 

 stitutional defects ; but in its practical import is construed 

 so as to exclude everj^ defect b}' which the animal is rendered 

 less fit for present use and enjoyment ; the horse is not on 

 that account to be held unsound, still less if the purchaser 

 be informed of it, and admits the exception into the terms 

 of the contract. The agreement for the sale of horses has 

 been held to be an agreement "relating to the sale of goods," 

 within the Statute of Frauds ; therefore, a written receipt 

 for the price, containing the warranty or other condition of 

 sale, is admissable in evidence, stamped with a common 

 receipt stamp, without an agreement stamp, and is the usual 

 mode in which the contract is made and proved. A verbal 

 representation of the seller to a buj^er of a horse in the 

 course of dealing, that he " may depend upon it the horse 

 is perfectly quiet, and free from vice," is a warranty ; or that 

 he " could warrant." If the seller says at the time of the 

 sale " I never warrant, but the horse is sound as far as I 

 know ; " this is a qualified warranty, and the purchaser may 

 maintain an action if he can show that the horse was un- 

 sound to the knowledge of the seller. 



Should the seller shew an extreme anxiety to hurry the 

 sale, or display the slightest irritability of temper or im- 

 patience at the purchaser's enquiries and examinations, the 

 business with him is better concluded at once, and the horse 

 left in his possession ; forcing the sale, by the aid of displays 

 of temper and sometimes insult, such as, ''what do you know 

 about a horse," is an evident sign that " all is not right 

 above board." In selecting your horse, the first consideration 

 should be the class or character of work intended for it to 

 do J the size, make, and proportion of the horse, should be at 



