IGS HOUsr, WAKKANTY. 



his story. In Courts of justice there is notliing 

 like bringing tlic facts forward, step hy step. Many 

 I)laint ill's think because they know all about it, 

 therefore, the judge does, and commence where 

 they should end. In a dispute of the nature we 

 are now supposing, the complainant should first 

 say that wanting a horse he went to a fair, or to 

 the defendant's stable, as the case may be, that he 

 was shown a horse, that the price agreed on was 

 40/., and that before he finally agreed to buy it he 

 requested the defendant to wari'ant, which the 

 defendant did in the manner and form in which 

 the complainant alleged he did. 



If there has been a written warranty the proof 

 will be easy enough ; because, as was said in a 

 previous chapter, the decision of the court will 

 depend upon the terms of the warranty, as ex- 

 pressed in writing (//), and the fu'st really important 

 step for the complainant to take in Court will be, 

 to show that the warranty ^\•as written or made by 

 the seller or his agent or servant. This can bo 

 done by the evidence of the person who saw the 

 warranty written out, or who received it from the 

 seller. In like manner, if the waiTanty given was 

 by word of moutli, the comi)lainant must prove 

 that the horse was waiTanted to himself or his 

 ogent or servant, before tlie bargain was struck 



(//) Tliis mid not be Ktuniptxl, Skime v, Elmorr, 2 Camp. 

 407. 



