WAHRANTY. 39 



conditions stipulated to be performed on his 

 part. Thus if, as is frequently the case, a con- 

 dition be introduced into the warranty, that the 

 horse, if objected to as unsound, shall be returned 

 within a limited time, no action can be main- 

 tained for the unsoundness without the strict 

 performance of this condition. So where the 

 warranty was qualified by the vender by an 

 undertaking to take back the horse, if, on trial, 

 he should be found to have any of the defects 

 mentioned in the warranty, it was held, that the 

 buyer must return the horse immediately on the 

 discovery of them. When the contract is re- 

 scinded by the buyer on account of the warranty 

 being broken, the seller has a right to require 

 that the horse shall be returned in as good 

 condition as he was when the defect was dis- 

 covered ; and therefore, if the animal fall into a 

 worse state subsequently to such discovery, the buyer 

 cannot then return him, but must rely on his action 

 to recover back a proportional part of the price. 



" There being no warranty, but the pur- 

 chaser having been imposed upon, and entrapped 

 into a losing bargain by the artifices and wilful 

 misrepresentations of the seller, his remedy is 

 an action for the deceit ; to support which he 



