1 1 HORSE WARRANTY. 



a party ofTercd to sell mo a horso of such a do- 

 seription as would suit ray carriage, ho could not 

 fix on mo tlio liability to pay for it unless it were 

 a horse fit for the purpose it was wanted for; but if 

 I describe it as a particular bay horse, in that case 

 tho contract is performed by liis sending that 

 horse." Again, where tho seller represents tho 

 animal he is selHng as suited for particular work : 

 as for instance, that a horse is " a good drawer 

 and pulls quietly in harness," this is a special 

 warranty of being quiet in harness and pulling 

 well there. The word "good" must mean good 

 in all particidars (a) ; and the wairanty is not 

 satislled by the horse being a good drawer only (r). 



If a waiTanty is reduced to wTiting, the parties 

 are bound by the writing; tho Courts of law will 

 not go outside the document, although a written 

 warranty need not be formal, as in the example 

 above, but may be given by a number of letters, 

 or even by a buyer's letters (y). 



In Stuchlnj v. Baileij (~), the evidence of tho 

 contract of tho sale of a yacht consisted of a series 

 of letters which were of an ambigur)us character in 

 their terms, and it was held that, assuming tho 

 assertions in the letters amounted to a warranty of 

 certain parts of the vessel, it was competent to tho 



(m) Coltherd V. Puncheon, 2 D. i R. 10. 

 (x) Smith V. J'anons, 8 C. k T. 199. 

 (y) rickeriiig v. Dairioti, 4 Taun. 785. 

 (.-) 31 L. J., Kx. -JN.J. 



