•38 WAKRANIY. 



To entitle the buyer to the benefit of the 

 warranty, he must, of course, strictly fulfil the 



produced thrush and a considerable degree of lameness ; it 

 was, however, only temporary ; and it was in evidence, that 

 the remedies applied to the feet could not have affected the 

 eyes. Lord Eldon thought the matter set up by the defen- 

 dant no answer to the action. < The question was, would 

 the horse, when retui'ned to the seller, be diminished in 

 value by this doctoring? If he would, he thought the de- 

 fendant should pay the price, and bring his action against 

 the seller for any defect in the warranty existing at tne time 

 of the sale. He took it to be clear law, that if a person pur- 

 chased a horse which is warranted, and it afterwards turns 

 out that the horse was unsound at the time of the warranty, 

 the buyer, might, if he pleased, keep the horse, and bring 

 an action on the warranty, in which he would have a right 

 to recover the difference between the value of a sound horse 

 and one with such defects as existed at the time of the war- 

 ranty, or he might return the horse, and bring an action to 

 recover the full money paid ; but in the latter case, the sel- 

 ler had a right to expect that the horse should be returned 

 in the same state he was in when sold, and not by any means 

 diminished in value ; for if a person keeps a warranted arti- 

 cle for any length of time after discovering its defects, and 

 when he returns it, it is in a worse state than it would have 

 been if returned immediatelj^ after such discovery, the party 

 can have no defence to an action for the price of the article, 

 on the ground of non-compliance with the warranty, but 

 must be left to his action on the warranty to recover the dif- 

 ference in the value of the article warranted, and its actual 

 value when sold.' His Lordship directed to find for the 

 price of the horse, if they thought that by such blistering 

 and doctoring the animal was not diminished in value to a 

 future purchaser ; and they found accordingly." 



