38 HORSE WARRANTY. 



the seller knew it, the buyer could recover as for a 

 breach of warranty. 



Ml-. Justico Duller says, in Paslci/ v. D'cc- 

 man (//), " It was rightly held by llolt, Chief 

 Justice, and has been luiifonuly adopted ever 

 since, that an aliirmation at the time of a sale is a 

 warranty, provided it appear in evidence to have 

 been so intended." 



No particular form of words are necessary to 

 constitute a waiTanty, nor need the word wai'rant, 

 as was before observed, be used (/). 



"Whether or not a warranty is intended is a fact 

 for the jury to decide, taking into consideration 

 the whole circumstances of the case. 



In roller V. Bdflmm (/), wliicli was an action 

 for breach of a wan-anty of pictures, it was proved, 

 amongst other things, that the defendant at the 

 time of sale gave the following bill of parcels : 

 " Four pictures of Venice, Canaletti, IGO/," The 

 judge left it to tlio jury, upon this and the rest of 

 the evidence, whotlier the defendant had contracted 

 that tlio pictures were tliose of the artist named, 

 or wliether his name liad Ijucu used merely as 

 matter of descrijition or intimation of opinion. The 

 jury found for the jilaiiitilf, saying that tlie bill 

 aiiiouut*'d to a warranty, and it was held, on a 

 motion for a n< \v trial, that the question had been 



(A) 2 Smith, L. 0. 7th od. p. 72. 



(i) Jon€» V, lirighl^ b Binff. 633. 



(A:) 4 Ad. & Ellin, 173. But «ccJendiiin4 v. Slad^:, 2 Eflp. 672. 



