30 IIORSK WAUUANTY. 



in market overt, the Court dccidin*]: that "market 

 overt is an ' open, public and legally constituted 

 market.' " What is a properly constituted market 

 was decided in the Common Pleas in 1808 (<•). 

 AVhen a horse is sold at a repository, the printed 

 conditions of sale, if suspended in front of or near 

 the auctioneer, or pasted on the front of his box, 

 form part of the contract of sale (,/'). 



Buyers should remember that, by English law, 

 a description is often not a warranty, but only n 

 condition. On this Lord Abinger's remarks in 

 Chanter v. Jlojikiim, p. 34, are of value to pur- 

 chasers of horses. 



(<•) Benjamin v. Andrews, .1 C. B., N. S. 299 ; 27 L. J., M. C. 

 310. 



(/) Jiijtcattr V. liiefiiinhoii, 1 A. Si K. .')0S ; Mesiiard \ . Aldridijr, 

 3Esp. 271; Buchanan v. I'ainshaw, 2 T. R. 71'». 



