GO TIORSK WAUIJ \M V. 



imliiooil hy an Inmost niisroprosontatiou as to its 

 souiulnoss, tliougli it may Lo clear tliat both tlio 

 voudor anil inirchasiT tliouglit tlioy were doaling 

 about a sound liorso and "wcro in oiTor, yet the 

 purchaser must pay the whole price, unless there 

 ^vas a "warranty." 

 Tiiorom.iy It was formerly supposed, that there could not 

 raiity of bo a Warranty of future soundness, as that a horse 

 soundness, should 1)0 souud a month after the bargain made, 

 and so Blackstono says : " The warranty can only 

 read to things in being at the time the warranty 

 is made, and not to things /;/ ftttiiro, as that a 

 horse is sound at tho buying of him, not that ho 

 will be sound two years hence." Tho law is dif- 

 ferent now. Lord ^Mansfield in Edoi v. Parhiii- 

 son (^), says, in reply to this passage in Ijlackstono, 

 " There is no doubt you may wan-ant a future 

 event." 



Hitherto the subject of warranting horses has 

 boon treated as one between tho seller himself and 

 tho buyer, but, necessarily, sometimes a servant or 

 ajrent is intrusted with tho sale of a horse, and 

 tho buyer does not come into contact with the 

 owner at all. 



Tho question then arises how far an agent or 

 servant can bind his master or principal, and in 

 Warranty what cascs a Warranty, given by such agent or 

 servant, is sufTicient to fix the principal or master 



by agents. 



iff) 2 Douglas, 732. 



