164 TIOnSE WAnUANTY. 



BoU tlio animal by auction, giving due publicity to 

 the sale, and thou sue tlio seller for the difference 

 between the amount received on the sale of the 

 horse, (having first deducted all fair expenses in- 

 cident to the sale, i^e.,) and the price actually paid 

 in the first instance for it. If any correspondence 

 takes place, care should be had that all letters re- 

 ceived, bo kept, and also copies of all letters sent, 

 OS their production at the trial may help the Court 

 in coming t<} a decision. 



It is of moment to remember, that if the buyer 

 finds out that the horse he has bought, is not •what 

 he considers he really shoidd liave got for his 

 money, he should use proper diligence, as soon as 

 he is certain that lie has been -wronged, in return- 

 ing the horse to the seller, or in informing the 

 seller that he had determined to rescind the sale {h), 

 because if any article bought is not what the buyer 

 expected or wanted, and he has been induced to 

 purchase it through fraud or misrepresentation, 

 tlie buyer is bound to return it or point out tho 

 defects as soon as possible. Much more is this tho 

 case in the purchase of live animals. A liorso 

 may catch a sudden cold or fever in the feet and 

 become ill or go lame* in a very few hours. To 

 protect themselves against horses being retunicd 

 after a certain lapse of time many large sellei-s, 

 such 08 Messrs. Tattersall, require the horse, if ob- 



(A) A wummUtl liorsc, if rcj»K'tr<l, nliould bo rutumccl iu 

 rftutuimblo tiiuu. BuUir, J., iu 1 T. K. 13G, Adam v. JiichardK, 

 •1 II. I'.l. JT.l, Street V. JUafj, i B. & Ad. -J.'.O. 



