RE-SALE WITH A WARRANTY. 485 



on the warranty to recover the difference in the 

 value of the article warranted, and its value when 

 sold." 



The following relates to a month's trial of a 

 horse : — " In Ellis v. Mortimer, the action was 

 brought to recover thirty guineas, the price of 

 a horse sold by plaintiff to defendant, upon an 

 agreement for a month's trial, and to be at liberty 

 to return him at the end of the month if he did 

 not like him. 



" After keeping him about a fortnight, the de- 

 fendant said he liked the horse but not the price ; 

 upon which the plaintiff desired him, if he did not 

 like the price, to return the horse. The defendant 

 kept him ten days after this, and then sent him 

 back within tJie month ; but the plaintiff refused to 

 receive him. 



" The Court held, that the effect of the contract 

 was, that the defendant should have to the end of 

 the month to decide, and that he had not deter- 

 mined the contract until he had actually returned 

 the horse, and that the action could not be there- 

 fore supported."" See The Horsemarts Manual^ by 

 R. S. Surtees, Esq., Lincoln's Inn Fields. 



Resale by a Purchaser with a Warranty. — 

 Where a purchaser, relying upon his warranty, 

 sells the horse to another, giving a similar war- 

 ranty to the one he received, and, upon its failing, 

 an action is brought against him, and he gives 

 notice of such failure and action to the orio-inal 



o 



seller, who gives no direction for defending or 



