40 HORSE ^vAKKA^•rv. 



sound. The case was tried at Xisi Pnun, and 

 afterwards camo before the Court in Jianc, and it 

 was lield that this was a qualifiod warranty — the 

 qualification being the defendant's kiioickdgc, which 

 was proved, and that the plaintiff could therefore 

 recover. This is not a satisfactory case, as a pre- 

 cedent, the question turning more on a point in 

 the pleadings than on the general merits. 



The following are instances of qualified war- 

 ranty: In liicliardson v. Broun (ii), the following 

 memo was given on a sale, "A gelding, five 

 years old, it has been constantly driven in the 

 plough — warranted." The Coui-t held that the 

 warranty extended to soundness of the animal 

 only, and not to its drawing qualities. In another 

 case, Ihidd v. Fdirnianrr (o), the sale warranty was 

 in these words, " Received 10/. for a grey four 

 year old colt, wan-anted sound in every respect." 

 The warranty was jiuld to be confined to the 

 horse's soundness and not to the age. Again, in 

 Dickenson v. G'npj) (;>), quoted in the above case of 

 JiKc/d v. 7'uirniaiiei', a wairanty thus worded, " Re- 

 ceived 1(M)/. f(»r a bay gelding, got by Cheshire 

 Cheese, warranted sound," wa.s lield not to be a 

 warranty of Ijrecd, but of soundness onlv. 

 i.imitivi ^\^ warranty is said to bo limited when the time 



warranty. •' 



(m) 1 Binphain, 3<4 ; »oc n\m Jom* v. CouUi/, C D. & 11. 

 o33; 4 I J. »^ C. 41.>. 



(o) 6 C. & r. 7H ; and 8 Bing. 48. 

 (/>) H. T. 1821. 



