TIORSr, WARIUNTY. G3 



upon it ; but it sliould Ijo pointed out that an 

 attempt to conceal patent faults 'will not euro a 

 sale **with all faults." Supposing, for instance, a 

 seller stopped up sand-cracks with any matter so 

 as to hide the defect, then a sale "with all faidts" 

 would not protect the seller. "Where a groom 

 painted over the broken knees of a dark broAvn Saioof 

 horse, sold at auction "with all faults," so well -'^^^th all 

 that the buyer did not discover the fact that the fl^^.J^i'^ae., 

 hair was off the knees until the purchased liorse deception, 

 was brought to the new stable and washed, an 

 action was brought to recover back the price paid 

 for the horse, and the questions left to the jury 

 were, was the injury to the knees wilfully con- 

 cealed? and with an intention to deceive? and 

 the juiy found in the aflirmative on both ques- 

 tions. On this, judgment was entered for the 

 plaintiff, it being ruled that a sale " with all 

 faults" meant "as the animal was," or without 

 anything being done to hide defects, ailments, or 

 blemishes. If a person wishes to get rid of a horse 

 he knows to be defective, the liest way is to sell 

 him by auction, with no conditions whatever — 

 simply selling a horse. 



In concluding this chapter, no better advice can 

 be given to anyone dissatisfied with any bargain 

 in horse dealing than that contained in Selwyn's 

 Nisi Prius (z) : "As soon as the unsoundness in a 

 horse is discovered, or any other alleged broach of 



(r) nth cd., article Deceit, p. GoO. 



