WAERANTIXG A HORSE SOUND. 21 



one of the most obtuse faculties cannot but fully 

 comprehend, but fortunately for the gentlemen 

 who preside at or attend our courts of law, and 

 unfortunately for every other person, though the 

 term of ^Yarranty admits but of one construction, 

 the different ideas that different persons entertain 

 of how far the object warranted does or does not 

 accord with the description given, ever has, nov.r 

 does, and, unless some alteration is made in the 

 law, ever will be a constant source of litigation 

 between seller and purchaser. 



I cannot but consider, though, perhaps, lam 

 w^rono: in so doino*, that there is a difference be- 

 tween a thing legally, or morally, answering a 

 warranty, and the consequence of its doing so 

 rests greatly in the object sought for and war- 

 ranted. I will state a case as relates to horses. 



We will suppose a man to be a breeder, or 

 some one selling a young horse to a London 

 dealer : he warrants him sound. And we will say 

 that a perfectly sound horse he is, so far as being 

 free from lameness, or any thing likely to render 

 him so ; but it is found, on examination, that he 

 has a slight thrush or corn. The dealer knows, 

 and would admit, that the animal to use was not 

 five pounds in a hundred the worse for this, if the 

 feet or foot was otherwise a perfect one ; but this 

 simple departure from being perfect is fatal to the 

 dealer who buys for sale : he is aware he will be 



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