HORSE WAiniANTY. 37 



siJoratlon, that is, the price or whatever is given, 

 becomes exhausted by the transfer of the property, 

 and a warranty given after that is void(/). If 

 sometliing new passes, that is, suppose a dealer 

 chooses to warrant a horse, in consideration of 

 another five pound note, then the warranty might 

 relate hack to the original bargain, but such new 

 contracts are not often lilcely to haj)pen. 



Again, it may be noted, that in the example of Meaning 



• 'til 1 ic *^^ ^^^ 



a written warranty, given above, the words war- words 

 ranted" and "sound" are used. These words are ranted" 

 well known to dealers, and by a series of legal de- f.^Q^^j „ 

 cisions have been given a distinct technical mean- 

 ing (^f)- Still, they are not absolutely necessary, 

 and as will be shown, a seller may warrant a horse 

 to be sound ^-ithout using them. Nay, a seller 

 may never use the word " warrant" and even say, 

 " I do not warrant, and will not," and yet be 

 liable to an action for breach of warranty, if by 

 saying so he misleads the buyer and induces him 

 to buy, as if one said " I ^\ill not warrant the horse, 

 but you may depend upon it he is sound." This 

 is a warranty, and if the buyer can show he relied 

 on this statement, and afterwards the horse turned 

 out to have been faulty at the time of sale, and 



(/) Soscorla v. Thomas, 3 Q. B. 234. 



(<7) Kiddell V. Biiniard, 9 31. & W. 668 ; and also HoUiday v. 

 Morgan, 1 E. & E. 1 ; 28 L. J., Q. B. 9 ; Coates v. Stcitm, 2 

 Moo. & Eob. 157. 



