HOW TO BUY AND SELL. 125 



or fear, while the other beams with mildness and confi- 

 dence. 



EXCHANGE. SWAP. 



In an exchange, or, as it is technically termed, in a 

 swap, it is vulgarly believed that no warranty, given by 

 either party to the transaction, is binding. 



Absurd as this may appear, I am not aware that the 

 question has ever been decided judicially; and I will, 

 therefore, mention the method adopted by those who 

 affect to be aware of this singularity. 



A gives B a receipt for two hundred dollars, and a 

 cheque for one hundred, and receives B's horse; while B 

 gives A a receipt for three hundred dollars, and takes A's 

 horse, A having agreed with B to value their horses at, 

 respectively, two hundred and three hundred dollars. 



Then A imagines that, should the horse which he has 

 taken of B not fulfill the terms of the warranty, he can 

 recover his three hundred dollars; and equally satisfied is 

 B that, if the warranty which he has received from A is 

 not verified to the letter, he will get his two hundred 

 dollars returned; or the one imagines that, in such case, 

 he may compel the other to a re-exchange, so as to place 

 both A and B in the same position as that in which they 

 were prior to the transaction. 



I do not myself see why a warranty given in a swap or 

 exchange should be void, especially when a money con- 

 sideration is given and received. But, as it is advisable 

 to avoid litigation as far as possible, I would suggest 

 that, in an exchange, each party to the contract should 

 hold a warranty in writing from the other, the value set 

 upon the horse being marked thereon. 



PARALYSIS. 



The loss of the use of any limb or function, through in- 

 jury to the brain, the nerves, or the muscles, is paralysis. 



