SOUND AND UNSOUND HORSES 



unless there is a stipulation in the con- 

 tract of sale allowing him to return it. 

 If the price has been paid, the purchaser 

 on returning the horse can demand and 

 sue for repayment ; but if he does not 

 return the horse, he ma}' claim damages 

 from the vendor, being the difference 

 in price between the horse as sold under 

 the contract, and the sum it would 

 realise on being sold in the open market. 

 If the purchaser fails to pay the price 

 and take delivery of the horse, the 

 vendor may give notice to the purchaser 

 and sell the horse again. The purchaser 

 will be liable to the vendor for anv loss 

 arising from this sale ; but if any profit 

 results from this sale, it will go to the 

 purchaser, on the ground that by the 

 contract of sale the vendor became 

 custodian of the horse on behalf of the 

 purchaser. In Scotland it is usual to 

 apply to the Court for a judicial warrant 

 to sell the unclaimed horse. 



208 



