G8 llKUSi; WAKIl\NTY. 



timo olapsod tlio buyer rofusod to tako tlicm, ono 

 horso still having a cold, and the other having a 

 swollen log. In evidence, however, it camo out 

 that the leg was swollen at tho date of sale, and 

 was apparent to every observer. T^pon the seller 

 bringing his action for tho price of tho two horses, 

 tho jury found for the buyer, and tho Court re- 

 fused a motion for a now trial, on tlio grounds 

 that although a warranty was inoperative against 

 patent defects generally, in this case the warranty 

 applied not to the timo of sale when tho defects 

 ■were i)atent, but to some future period — viz., the 

 end of the fortniglit. The whole facts of the case 

 are not stated in tho reports, but it may fairly be 

 inferred tliat what happened was this ; tho seller 

 said : " I have these horses with this cough and 

 blemish, I cannot warrant them now, but will 

 warrant them at tlie end of a fortnight," for 

 tlioy were blemishes and ailments which a fort- 

 night's nursing would ordinarily remove ; but in 

 a fortnight's timo those defects were on the hoi'ses 

 still, they had not been cured, and tho buyer had 

 a right to refuse them ; for although he saw the 

 defects at the time of sale, tho warranty said they 

 were to bo delivered "sound and fn^e from blemish 

 in a fortnight." 



Another case on tho same points is not so 

 easy of explanation. In Margetson v. Wright (<•), 



{e) 7 Bingham, C03 ; 8 Binghnin, IVI. 



