( 31 ) 



CHAPTEH IV. 



HORSE WAIIRAXTV. 



The purchase and sale of horses are matters so 

 much mixed up with warranty, that it is necessary 

 to warn the general reader, that in England "a 

 warranty in the sale of goods is not one of the 

 essential elements of the contract; for a sale is 

 none the less comj)lete and perfect in the absence 

 of a warranty" (r/). All, therefore, that has been Sale may 

 said before respecting sales of horses may be under- warTant)% 

 stood, without there having been any sort of war- 

 ranty. At the same time, the warranties out of 

 which actions have most frequently arisen, have 

 been those given on the sale of horses. 



Mr. Youatt, in his book on the Uorse, says: 

 "A man should have a more perfect knowledge of 

 horses than falls to the lot of most men, and a per- 

 fect knowledge of the vendor too, who ventures to 

 buy a horse without a wan'anty." A statement 

 which experience shows to be very true. 



And the reasons for this are clear. As the horse 

 is the most useful of quadrupeds to man, so in pro- 

 portion are the varied qualities necessary to its 



{(i) Bcnj. on Sales. 



