GENERAL AND QUALIFIED WARRANTY. 481 



being combined in it. In fact, as knowledge in 

 horse-flesh can only be the result of experience, we 

 strongly recommend all inexperienced purchasers 

 not only not to rely on their own judgment, but, 

 in their purchases from regular dealers, to procure, 

 if they can, a week's trial of horses for their own 

 riding, with a stipulation to pay a certain sum for 

 the said trial, in case of their not being found suit- 

 able. In the event, however, of a warranty being re- 

 quired of the seller, it may be well to let it embrace as 

 many points as may be likely to be called in ques- 

 tion afterwards ; that is to say, an express or quali- 

 fied, and not a general warranty — such as sound, 

 free from vice, restiveness, crib-biting, &c. ; and 

 although it has been held, that it is not necessary 

 (as in the case of Skrine v. Elmore,) to have a 

 warranty on a stamp, yet it is safer to adopt it, 

 and then the receipt will be received in evidence 

 to prove the warranty, as well as the price given 

 for the horse. 



Although, in the sale of horses, warranties are 

 very much done away with — amongst private in- 

 dividuals at least, and amongst sportsmen almost 

 entirely — it may be well to state that they are 

 divided into two classes. Namely : 



A general warranty^ extending, according to 

 Lord Mansfield, to all faults known and unknown 

 to the seller ; a qualified warranty, extending 

 equally to all faults known and unknown to the 

 seller, except certain ones specifically mentioned 

 and excepted in the warranty. For example, in 

 the case of Jones t. Cowley, where the latter 

 2s 



