HORSE WARRANTY. H 



for which the seller wairants is specified, as where 

 one saj'S, " I will wan-ant the horse for four days." 

 This is a common form of warranty at repositories 

 and public sales, where the buyer is generally 

 allowed a specified number of days to make his 

 objections to the horse he has bought, and if he 

 fails to do this, as a rule, he has no remedy if the 

 horse turns out worthless. 



The case Head v. Tattcrsall {(]), in which a con- Head v. 

 dition of sale was to this eflfect : *' Horses not 

 answering the description must be returned before 

 five o'clock on Wednesday evening next, otherwise 

 the purchaser shall be obliged to keep the lot with 

 all faults," — should be perused as beaiing upon 

 the doctrine of a sale with a limited condition. 



In that case it appears that before the horse 

 was removed from the place of sale, the buyer was 

 told by the person in charge of it that the war- 

 ranty given was "^Tong, and at bar it was con- 

 tended that the buyer's action in taking the horse 

 away after hearing such a statement waived his 

 right under the warranty ; but the Com-t were 

 imanimously of opinion that a mere loose state- 

 ment made by the groom in charge of the horse 

 was not tantamount to an explicit notice by the 

 defendant that the warranty was a mistake. 



Another important question was also then de- 

 cided, viz. : as to whether the fact that the horse 



{q) L. E., 7 Ex. 7. 



