SOUND AND UNSOUND HORSES 



If several persons iraiululently en- 

 deavour to sell a horse, knowingly un- 

 sound, yet represent such as sound to 

 the purchaser, they render themselves 

 liable to criminal prosecution. 



Where there is a contract to supply a 

 horse answering to some particular de- 

 scription, and the buyer has not had an 

 opportunity of seeing or trying the 

 animal, the latter must conform to the 

 specifications of the contract, otherwise 

 the contract is voidable, the principles 

 of caveat emptor being, under these cir- 

 cumstances, inapplicable. 



Ever}^ affirmation at the time of sale 

 of a horse is a warranty. 



In England, the sale of goods in market 

 overt {i.e., a public place), although 

 such may not be the property of the 

 seller (stolen articles) renders the con- 

 tract safe, the buyer being able to retain 

 his purchase. For instance, a man 

 might steal a horse, sell it in the market, 



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