, () TIORSK AVAUn VNTY. 



randum of those defects made on it, as beforo 

 suggested. Ordinarily a written -warranty has 

 been treated by the Courts of law as merely put- 

 ting into writing llu' fact tlial tliero was a war- 

 ranty, and although tlie giver of .such a warranty 

 has been bound by it, and has not been allowed 

 to set up the defence of no warranty, it has been 

 pcnnitted to explain the circumstances luider which 

 it was given, just as any letter or writing may be 

 explained. It may be that henceforward more 

 restriction will be put upon a written warranty, 

 and, as the learned judge above quoted said, "Tho 

 warranty being a written document will not admit 

 of alteration by parol." 

 Warranty I'robably, after all, there will be no great hard- 

 inutualad- ship in this. A warranty is a matter of mutual 

 imvSd advantage. Tho seller gives it to enhance the 

 seller. price of the ariicle he is selling, and the buyer 



asks for it to protect himself in his purchase. It 

 is right and seemly that a document of such a 

 character should be made and written with some 

 care, and should contain within its wording all 

 the stipulations, conditions and agreements neces- 

 sary for its construction and validity ; but, what- 

 ever may be the ultimate decision respecting 

 written warranties, every seller of a horse should 

 remember that wjiero jiatent defects or known 

 faidts exi.st in tin' animal he is selling, or where 

 future possil)le ailnunls have been discus.sed, if 

 tho seller gives a wananly, it is very probable ho 



