OF rURCIIASE AND SAT,E, ETC. 



Ijoing troatocl of. Tt i.s a question whotlier curhy 

 hocks are a natural malformation or otherwise. 

 Some veterinary surgeons tliink they are caused 

 by over- working young horses, and so bringing 

 on more or less enlai-gcment of the stifle joints, 

 and then the horse, being put to liard work, throws 

 out a curb ; others insist upon it that horses 

 are born witli these hocks, and, therefore, that 

 sooner or later curbs will come on such hocks. In 

 Broicn v. Elliington (J) it appeared that a horse 

 threw out a curb a few days after being bought 

 with a general warranty, the horse's hocks being 

 curby, having been objected to by the buyer at the 

 sale. Upon the buyer bringing his action as for a 

 breach, the jmy, by direction of the judge, found 

 for the defendant, on the grounds that cui'by hocks 

 were not symptoms of disease, as splints are, but 

 malformations for which the seller is not liable. 



The difficulties attending the sale of horses with 

 avowed faults are so many that it would be better 

 not to give a warranty at all where they exist. 



In connection with this matter of patent defects 

 and the general rule of law above mentioned, 

 namely, that a general warranty does not include 

 patent effects, or, in other words, that if a person 

 buys a horse with, say manifestly broken knees, 

 and also takes a warranty, that such wan'anty 

 shall not refer to the broken knees, much dis- 



ij) 8M. & W. 132. 



