HORSE waiira:sty. 



39 



lightly loft to the jury, and the verdict was not to 

 bo disturbed. 



Of Warranties there are several kinds. War- Different 

 rantios may bo said to be general^ as where the warrau- 

 seller says, " I warrant the horse," or " The horse *"^' 

 is sound ;" and in such case all the complainant 

 need do is to prove that the horse was not sound 

 when sold. AVhether the seller knew of any un- 

 soundness or not is immaterial, he is bound by 

 the general statement he has made. 



A quaHfird wan-anty is where a seller says, Quaiifie.i 

 "The horso is sound so far as I know." Here, 

 if the buyer is dissatisfied, he must not only prove 

 that the horso he has bought is unsound, but also 

 that the seller knew it was unsound at the time of 

 the sale. 



In Cave V. Coleman (/), an assertion by the 

 vendor " that the buyer might depend upon it the 

 horse was perfectly quiet and free from vice," was 

 held to be a waiTanty. 



In Wood V. SmitJi {iii), the seller, in reply to Instancos 

 the buyer's question, said of the mai'o he was sell- ^anauty.^ 

 ing, *' She is sound to the best of my knowledge," 

 adding shortly afterwai'ds, " I never warrant ; I 

 would not even warrant myself." It was proved 

 that the defendant knew that the mare was un- 



(/) 3 Mau. & R. 2 ; Steward v. Cocsvclt, 1 C. k T. '23 ; and 

 see Garment v. Barrs, 1 Esp. 672. 

 (w) 5 M. & R. 121. 



