108 The Horse Farrier. 



"without proof, which, heing procured, would render the 

 transaction, in law, tantamount to an express warranty. 

 A general warranty extends to all defects and faults 

 known and unknown to the seller ; but a special warran- 

 ty is confined in its operation to the parts or particulars 

 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 spe- 

 cified, and the horse warranted not (within any reasona- 

 ble or {described period) to become lame in consequence 

 of it. A general warranty, however, affords no protec- 

 tion against such defects as are ' plain and obvious' to 

 every body, and, consequently, to the purchaser; no 

 more than a special warranty does against any which are 

 not included or named in the specification. ' But if, on 

 the sale of a horse, the seller agree to deliver it sound 

 and free from blemish at the expiration of a specified 

 period, the warranty is broken by a fault in the horse 

 when delivered, although such defect was obvious at the 

 time of sale; and as some splints cause lameness and 

 others do not, a splint is not one of those plain defects 

 against which a warranty will not idemnify ; and when a 

 seller warrants a horse sound at the time of sale, and the 

 horse afterwards becomes lame from the effects of a splint, 

 visible when the horse was bought, it is certain that war- 

 ranty is broken.' This rule will apply to spavin, or to 

 curb, or to windgall, or, in fact, to any other defect ' visi- 

 ble at the time of sale.' For all warrantees can only un- 

 dertake for the animal's qualifications at the time of sale ; 

 none can extend to any subsequent period unless there 

 be a special clause ' to deliver the horse free from blemish,' 

 and that delivery be by mutual agreement delayed. 



"The form in which a receipt including warranty is 

 generally written : — 



"' Received, the 1st of January, 1858, of J. P., the 

 sum of two hundred dollars for a bay mare, warranted 

 sound and quiet to ride and drive.' 



" Or, * Warranted free from vice and blemish, except — ,' 

 " Or, ' Warranted in every respect, except .' 



