ni 



llORSr \\ AIUIAMY. 



Damages 

 rrcovtT- 

 alili' on 

 lircach of 

 warranty. 



Trial of 



liorse 



iiieaufi 



M'asoiialilo 



trial. 



warranty, tlio Imyor should iniracdiatoly tender the 

 horse to tho seller {a), and if he refuse to take it 

 hack, soil the horse as soon as possihlo for tho 

 hcst iirieo that can ho procured (/>) ; for the huyor 

 is entitled to recover for tli<> keep of tlie horse for 

 such time only as would he required to resell tho 

 horse to the hcst advantage" (c). 



The amount of damage a person wTonged in 

 a horse deal can recover is the difference hetween 

 the amount paid l»y him and the amount for which 

 the horse is sold hy him, plus such expenses as the 

 huycr has heen necessarily put to hy reason of 

 the wronirfid dealing. If anyone jiurchases a 

 horse, warranted for a particular purpose, and 

 finds the animal unfit f<ir th:il purpose, he may, 

 without further noti<e to tho seller, hring an action 

 to recover hack the price (f/), hut tlie hotter course 

 is to sell the horse after notice, and to sue for the 

 difference. 



It has heen held, that ^^hero a horse was sold 

 with express ^^•a^•anty, and an agreement to take 

 him hack if found faulty, it was the duty of the 

 purchaser to return the horse immediately tho 

 faults were discovered, and not to delay, unless 

 the seller hy suhscquent misrepresentation induced 



(a) Ctutctll V. Coarr, 1 Taunt. TjCT. 

 (4) Diiiffle V. Jlarr, 7 C. B., N. S. H.>. 



(c) Denmun, C. J., iu Chfitrrmaii v. Lamb, 2 A. & K. 132, 

 citing McKtiizie v. Hancock^ Tiy. k M. 430. 

 {(J) Chantrr V. Hopkins, 1 Jf. & "W. 100. 



