G2 iiousF. ^^.vlnt \niy. 



liaoiehoh immaterial liow many belonged to it witliin tlio 

 ^ ■ " '^' ' knowledge of tlio seller, unless he used some artifice 

 to disguise them, and prevent their being discovered 

 by tlie purchaser. The very object of introducing 

 such a stipidation is to piit tlio purchaser on his 

 guard, and throw upon him the burden of ex- 

 amining all faults, both secret and apparent. I 

 may be possessed of a horse I know to have many 

 faults, and I wish to get rid of him, for whatever 

 sum he will fetch. I desire my seiTant to dispose 

 of him, and instead of giving a wan-anty of sound- 

 ness, to sell him 'with all faults.' Having thus 

 laboriously freed myself from responsibility, am I 

 to be liable, if it be afterwards discovered that the 

 horse was imsound '^ Wliy did not the pm-chaser 

 examine him in the market, when exposed f<ir 

 sale? By acceding to buy the horse with all 

 faults, he takes upon himself the risk of latent or 

 secret faults, and calculates accordingly the price 

 which ho gives. It would be most inconvenient 

 and unjust, if men could not, by using the strongest 

 terms which language alYords, obviate disputes con- 

 cerning tlie quality of the goods Avhicli they sell. 

 In a contract suclias tliis, I think there is no fraud 

 unless i\\(^ seller, by positive means, renders it im- 

 possible for the purcliaser to detect latent faults; 

 and I make no doubt that this will be held as law 

 wlien the question shall come to be deliberately 

 di.scus.sed in any Court of Justice." This decision 

 is so manifestly in accordance with common sense 

 that it would be unncces.cary to make any remarks 



