OK PURCHASE AND SALE, ETC. 



91 



forgot it, but "whenever afterwards a man passed 

 behind it with a fork in his hand, the animal 

 always kicked or lashed out with one leg at the 

 passer, and the habit became so confirmed that 

 the horse was obliged to be put in a corner stall, 

 or some accident would have happened. It was 

 the horse's only fault, but it was a bad one, and 

 grew into a decided vice. If then a buyer of 

 a horse finds the animal as he thinks vicious, 

 he should, before claiming to set aside the sale on 

 a breach of warranty, consider well whether the 

 horse bought has been properly treated, and by 

 persons accustomed to handle horses. Juries arc 

 very unwilling to believe that vice in a horse can 

 be concealed, judging, as is the fact, that if a horse 

 is really vicious it will show the vice at the time 

 of sale, and disregarding complaints of a trifling 

 nature, which often really are playfulness, or the 

 result of too high feeding without work. 



In the form of warranty given in a former chap- Meaning of 

 ter there is a guarantee that the horse is "quiet to riduTnd" 

 ride and drive ;" such a statement means that a and '''quiet 

 horse will go quietly when ridden, and in double i" ^^j \^,- 

 or single harness ; so too if a horse is warranted 

 "quiet in all respects," this means quiet in har- 

 ness (o). Perhaps no waiTanty is alleged to be 

 broken so often as one of this class, and yet none 

 in which the buyer of a horse more often fails in 



(o) .Smil/i V. Fanoiis, 8 C. & P. 199. 



