486 HORSE-DEALING. 



abandoning the cause, the costs sustained thereby 

 will be added to the amount of the original damage 

 accrued by reason of the false warranty, and the 

 seller will be entitled to recover the sum from the 

 original vender. It must, however, be proved, 

 that the horse was unsound at the time of the first 

 sale. (See Horseman s Manual.) 



A difficulty often arises in returning unsound 

 horses, but an offer of an unsound horse, or of one 

 not answering to the warranty, should always be 

 made, because on that being made and refused, the 

 purchaser will have a claim for the expenses of his 

 keep, as well as for the value given for him. 



Verbal warranties are not to be depended upon, 

 by reason of their being liable to misinterpretation. 

 For example, in a case of fraud brought some years 

 back before the Magistrates of Bow Street, it ap- 

 peared, that a person in the character of a quaker 

 was asked by a purchaser if his horse would draw ? 

 " Thou wouldst bless thine eyes," said he, " if thou 

 couldst see him draw.'^ On this implied warranty, 

 the bargain was effected ; but, on its being found 

 the horse would not draw, the quaker was remon- 

 strated with, and made this answer — " I told thee, 

 friend, it would delight thine eyes to see my horse 

 draw : I am sure it would delight mine, for I never 

 could make him draw an ounce in his life." 



The question may be asked. How is it that the 

 present system of declining to warrant horses sound, 

 so prevalent amongst noblemen and gentlemen, 

 both in their sales by private contract and at the 

 Repositories, does not affect the value of them more 



