20 HOUSE W A UK ANT Y. 



Cases (lay, may 1)0 illegal. ( >iio of tlio first cases re- 



Suiid.iy ported, that bears upon the point, occurred in 



uSil: ^^^^- There the sale of a horse on a Sunday, 



was held valid, because it was a sale by a horso 



auctioneer, and private, it being held that his 



ordinary calling was the public sale of horses (c). 



The next reported case occurred in lS-24 ; thoro 

 again, a sale of a horse, with a Avarranty, on a 

 Sunday, was held valid on two grounds, — one, 

 that the sale was not completed on the Sunday ; 

 the other, that it was not competent for the de- 

 fendant to set up his own guilty act in defence (rf). 

 In the last case montionod, there Avas no ques- 

 tion about the Avarranty being given and that the 

 Avarranty was bad, but the defendant objected that 

 the i»laintifF could not recover in his action, bo- 

 cause lie the defendant Avas a horsedealer, and tlio 

 Avarranty Avas given on a Sunday. The beamed 

 judge overruled the objection, and (lu> ]ilaintilf 

 obtained a verdict for the i)ric(> he had jiaid for the 

 liorse. I'pon the defendant moving the Jving's 

 Bench, tlio Court discharged tlie rule, saying, — 

 " In tliis case there was no note in writing of tlio 

 bargain, and on the Sunday all rested in jtaroi, 

 and nothing wjis done to bind the bargain. The 

 contract therefore was not valid, until the horso 

 was delivered to, and accoptod by the defendant. 



(f) Dniiy V. Dr/ontaiiif, 1 Tftuiit. l.TI. 

 (//) Bloxnmiie v. H'lllinm*, 3 ». & C. 232. 



