36 ON WARRANTY. 



by using the auimal without leave of the vendor, or by hav- 

 ing any operation performed or any medicine given to him, 

 he maizes him his own. 



The warranty of a servant is considered to be binding on 

 the master. The weight of authority decides that the 

 master is bound by the act of the servant. Lord Kenyon, 

 however, had some doubt on the subject. 



If the horse should be afterwards discovered to have been 

 unsound at the time of warranty, the buyer may tender a 

 return of it, and, if it be not talien back, may bring an ac- 

 tion for the price ; but the seller is not bound to rescind tho 

 contract, unless he has agreed so to do. 



Although there is no legal compulsion to give immediate 

 notice to the seller of the discovered unsoundness, it will be 

 better for it to be done. The animal should then be ten- 

 dered at tlie house or stable of the vendor. If he refuses to 

 receive him, the animal may be sent to a livery stable and 

 sold; and an action for the difference in price may be 

 brought. The keep, however, can be recovered only for 

 the time that necessarily intervened between the tender 

 and the determination of the action. It is not legally ne- 

 cessary to tender a return of the horse as soon as the un- 

 soundness is discovered. The animal may be kept for a 

 reasonable time afterwards, and even proper medical 

 MEANS* used to remove the unsoundness; but courtesy, 

 and, indeed, justice, will require that the notice should be 

 given as soon as possible. Although it is stated, on the 

 authority of Lord Loughborough, that ^^no length of time 

 elapsed after the sale tvill alter the nature of a contract 

 originally false, ''^ yet it seems to have been once thought it 



* "Proper medical moans," in this passage, as well as in law, is to be con- 

 strued to mean that a Veterinary Surgeon, graduate of some College, must be 

 called in to prescribe, and not cue of the quacks iii the city.— (Eu.) 



