SOUND AND UNSOUND HORSES 



out the consent of his master, or agent 

 acting on behalf of the latter, is not 

 valid, but a warranty given by a servant 

 whose master or masters trade in horses, 

 renders the contract binding, hence 

 liability. 



Horses are frequently offered for sale 

 '' With all faults." The aim of this is 

 at once obvious, but ambiguous so far 

 as the animal's defects, etc., are con- 

 cerned. 



No person would, we anticipate, be 

 foolish enough to enter into litigation 

 regarding an animal purchased " with 

 all faults." 



In England, on the principle of caveat 

 emptor (let the buyer beware), the seller 

 is not liable for latent defects, unless 

 there be fraud on his part, or unless he 

 has expressly warranted the horse. The 

 law of Scotland in relation to this 

 matter, is assimilated to that of Eng- 

 land. 



191 



