ON WARRANTY. 41 



his own judgment, and has no remedy against the seller, 

 supposing the horse to turn out, upon a future trial, or on a 

 more considerate inspection after the purchase, to be worth 

 less than the sum given; unless he (the purchaser) can 

 prove he was induced to purchase by representations false 

 within the knowledge of the seller. To fasten a fraud of 

 this nature upon an experienced dealer in horses is, how- 

 ever, a difQcult matter." (See '^ Tomlin^s Popular Law Bic- 

 tionaryfor 1838.") 



Warranties are of different kinds ; express or implied, 

 general or special. An express warranty speaks for itself. 

 And as for an implied warranty, such a thing is hardly 

 known, or, at least, rarely taken advantage of in horse 

 dealing ; the price paid, however high, not being legally 

 held to be any guaranty of the soundness of the animal ; 

 and anything that might transpire between seller and buy- 

 er, implying warranty, being worth nothing without proof, 

 which, being procured, would render the transaction, in 

 law, tantamount to an express warranty. A general war- 

 ranty extends to all defects and faults known and unknown 

 to the seller ; but a special warranty is confined in its oper- 

 ation to the parts or particulars specially and specifically 

 pointed out. A horse may be warranted of such an age ; 

 or, having some defect visible upon his limbs, such as a 

 spavin, or a curb, or a fired leg, of which he does not go 

 lame at the time, that defect may be specified, and the 

 horse warranted not (within any reasonable or prescribed 

 period) to become lame in consequence of it. A general 

 warranty, however, affords no protection against such de- 

 fects as are plain and obvious to everybody, and conse- 

 quently to the purchaser, no more than a special warranty 

 does against any which are not incl tided or named in the 

 specification. But if, on the sale of a horse, the seller 



