206 The Farmer's Business Handbook 



party to obtain legal relief. It may be taken 

 as a general proposition that when there is a 

 sale, or contract for the sale, of a horse or other 

 animal, which each can examine and judge of 

 for himself, each party must look out for him- 

 self, and if it does not prove to be as desirable 

 as the buyer expected, he has no remedy; that 

 is, in the absence of further agreement or speci- 

 fication. It may be added that upon the sale of 

 an animal, and especially of a horse, mere state- 

 ments of opinion as to the quality of it, or puffing 

 or extravagant expressions in the nature of opin- 

 ion, not purporting to be statements of actual 

 facts, have no effect. That is, such statements 

 as, "he will beat anything in this village," or, 

 "he is worth two hundred dollars any time," or, 

 "he is first-class," are of no effect, as they are 

 mere puffs and opinion. But a statement "he is 

 perfectly sound," or, "he has a registered record 

 of 2:30," is binding and becomes a term of the 

 contract. If, however, the statement of warranty 

 is a general one, as that the animal is perfectly 

 sound, this statement means except those blem- 

 ishes which are perfectly patent and visible to 

 both parties, and it warrants against defects in 

 the animal other than these only. But it becomes 

 a term in the contract as to any other defects, 

 and if there are any such, the buyer has his 

 appropriate remedy. So, if a buyer contract to 



