HORSE WARRANTY. 



33 



o-iven cither in ^^Titine: or by word of month. No Xo special 



o ^ words ne- 



Bpecial form of words is necessary to create a war- cessarj- to 

 ranty. This point was settled so long ago as Lord ^varranty. 

 Holt's time (a). 



It is more prudent to have a written form of war- 

 ranty, as tho document prevents disputes respecting 

 the exact words used. 



A written form of warranty should be in some 

 such words as tlicse : — 



" Ecccived of Mr. Brown, of Polegatc, the sum Form of 



, ,. T . , warrant V. 



" of 40/. for a hay gelding, aged — , warranted 

 " sound, free from vice, and quiet to ride and 

 " drive. 



" John Smith. 



« Lewes, Jan. 31st, 1877." 



Such a warranty need not he -^Titten at the time 

 the warranty is given, in fact, a written warranty 

 is rarely penned until the money is paid, and is 

 but a memorandum or reduction into writing of 

 the terms of a preceding warranty. Such writing 

 then becomes the waiTanty. It need not bo Xo stamp 

 stamped with an agreement stamp ; it must have withT"^^ 

 a receipt stamp; but requires no other {b). If the 

 warranty is contained in a separate document from 

 the written receipt, no stamp whatever is required 

 on the warranty. Where a receipt in Amting is 



(a) Cross r. Gardner, Carthew, 90 ; andeee Medina v. Stouyhton, 



1 Lord Raymond, 593 ; Salkeld, 220. 

 (6) Shime t. Elmore, 2 Camp. 407, quoting Browne v. Fri/. 



L. ^ 



warranty. 



