ON WARRANTY. 45 



auother a glandered horse at such a price as the animal 

 ^YOuld have beeu worth if sound, it is an act of fraud, and 

 the buyer can recover the amount, as well as the damage, 

 should the infection have been communicated to other 

 horses belonging to him ; provided, it can be proved that 

 the seller knew that the horse was glandered at the time of 

 sale (no matter if he was not warranted), it is absolutely a 

 case of fraud. If any gross deception be practiced to hide 

 a fault, the horse is returnable on the ground of fraud, 

 though no warranty be given. It is necessary, however, 

 that the fault afterward discovered should not be of such 

 glaring description that any man of common judgment 

 would have readily discovered, Buch as a large blemish on 

 the knee, or the absence of an eye ; for the law expects the 

 purchaser to exercise common vigilance. In cases where 

 there exists some temporary unsoundness, it is desirable to 

 have such defect mentioned in the warranty — the horse to 

 be returnable, or a fair allowance made, if the unsoundness 

 becomes j)ermanent. 



In cases where there is an unsoundness, but one to which 

 the purchaser does not object, it is desirable that a qual- 

 ified warranty should bo given — that is, sound in every 

 other respect but this 07ie exception. 



In obtaining a warranty, let it be written and signed by 

 the seller himself if possible; for, if you should have reason 

 to commence a suit to recover damages from the horse 

 proving unsound, he might swear that he did not read it 

 when he signed it, nor did he instruct his clerk to give the 

 warranty as it is written, &c.; not that such a statement 

 of the seller is worth much, but as these cases are generally 

 decided by the jury system, which does not generally de- 

 cide cases by the weight of evidence, this plan will be 

 found very useful should any defect afterward appear 



