THE HORSE. 159 



The buyer might, in case of suspicious appearance, 

 have demanded warranty against crib-biting. Plain- 

 tiff nonsuited. 



The old opinion (never indeed of general authority), 

 that a sound price made a sound horse, or that a 

 sound price was an implied warranty of soundness, 

 has long since been rejected in the law courts. 



A wife cannot make bargain and sale of her hus- 

 band's horse. In this case the husband rescinded 

 the contract by an action at law and recovered the 

 horse. C. J. Abbott decided, that the proprietor, 

 having received the horse back improved in value, 

 was liable for the keep during the interim. 



Breach of warranty is not an indictable offence, 

 the only remedy being an action at law; but if a 

 Conspiracy can be proved to defraud and cheat in 

 horse bargains, in the various modes of chanting or 

 swindling, the parties may be indicted. 



To entitle the buyer to recover for the keep of an 

 unsound horse, he is bound to make a tender, or 

 offer to return the horse immediately on discovery of 

 the unsoundness ; for (Lord Mansfield) unless he has 

 previously made that tender he cannot recover for the 

 keep, though he may recover the purchase money. 



SECTION XXV. — Equitation, male and female, 

 in plain old fashioned English, Riding on Horse- 

 back. 



The nag being led out, saddled and bridled, let 

 every would-be horseman (for the real horseman does 

 this instinctively) apply to his own hands and eyes 



