3i HORSE WAKKANTY. 



taken for tlio price of the horse, and the WTiting 

 contains no warranty, it was held in the case of 

 Allen V. rink (r), that the warranty could bo 

 proved by parol evidence. 



There are certain things connected with a war- 

 ranty to which the reader's attention should be 

 particularly drawn, wliotlior the wan'anty bo in 

 writing, as above, or otherwise. 

 Let us consider them in order. 

 First, that everything said respecting the horse 

 or article sold, every statement as to its soundness 

 or other (qualities which the seller may make, and 

 which the buyer relies on as a warranty, must be 

 made before the bargain is closed, or, as lawyera 

 would say, before the contract is complete. A 

 little consideration will show the sense of this : 

 tlie buyer has been induced to buy the horse by 

 something the seller has said before ho sold it ; 

 such saying may be the warranty the seller gave, 

 or it may bo a representation only, but at all 

 events it was something hifore the actual sale {d). 

 statcmcntij Auytliiiig tlio Seller may have said after the sale is 

 ti'it'v wlii^ completed could not liavo induced tlio j)urelia8er 

 {^"/iforr^ to buy, and is of no use to the buyer if lie goes 

 ■ale. to law. It frequently happens that persons (not 



(f) 1 M. ."i: W. IKi. 



(</) Jfopkmi V. r,n„]Ufra<j, 15 C. B. 1.30; 23 L. .1., ('. ]'. 

 1 02. Sot rfni.irkB of Burou Martin in StitckUy v. Ilailetj, 1 H . i: C. 

 410; 31 L. .T., Ex. 483; Camnc v. Warrwcr, 1 C. B. 35G. 



