554- WHAT CONSTITUTES WARRANTY. 



** Sept. 7. Eeceived of Robert Dickenson £100 for a bay gelding got 

 by Cheshire Cheese, and warranted sound," 



and according to the evidence on an action of breach of warranty of 

 breed, the gelding was not got by Cheshire Cheese, but the defendant 

 believed it was, Dallas C.J. considered it to be a representation merely, 

 and that the warranty was confined to the soundness. 

 The warranty in EicMrdson v. Brown, ran thus :— 



" To be sold, a black gelding, five years old. Has been constantly 

 driven in the plough. Warranted:' 



The plain tiflf proved him sound, and got a verdict for the price ; and 

 a rule for a nonsuit on the ground that the warranty referred to the 

 horse's previous employment, wliich the plaintiff" ought to have proved, 

 was refused by the Court of Common Pleas, and the warranty was held to 

 apply to the soundness only. Both these cases were referred to, as being 

 directly in point by Tindal C.J. in his judgment in Buddy. Fairmener, 

 which was an action to recover the expense of keeping a grey colt for 

 a year, which, as plaintiff" contended, had been warranted to him by 

 defendant as a four-year-old when it was only three. The receipt was 

 to this effect : — 



« Received, August 4, 1830, of Mr. Budd, ten pounds for a grey four- 

 year-old colt, warranted sound in every respect. 



" John Fairmener." 



TindaJl C.J. directed a nonsuit, and said, " The first part of the receipt 

 contains a representation, and the latter part a warranty. In the case 

 of a representation, to render liable the party making it, the facts 

 stated must be untrue to his knowledge ; but in the case of warranty, 

 he is liable, whether they are within his knowledge or not." The Court 

 of Common Pleas discharged a rule 7iisi for setting aside the nonsuit, 

 and Ahkrson J. said : " A ivarrantij must be complied wil/i, whether it is 

 material or not ; hut it is othenvise as to a repi'esentation. As at present 

 advised, if the word ivarranted had been the last word, I should have 

 held that it extended to the wiiolc. But here I think it is confined to 

 the soundness only." 



" If the servant of a horse-dealer with express directions not to warrant 

 do warrant, the master- is hound ; because the servant having a general 

 authority to sell is in a condition to warrant, and the master has not 

 notified to the world that the general authority is circumscribed"— 

 per Bayleij J. {Pickcrimj v. Busk). And the rule is the same as regards 



