28 THE STUD. 9 



injure in a week, and then, if tnis animal get 

 unwell, or lame, from such treatment, which it 

 would be perhaps difficult to prove, the owner is 

 expected to return the two hundred, which, of 

 course, is of the same value it was, in exchange for 

 his property deteriorated more or less in worth. 

 The second objection I make is, that we ask, and 

 indeed compel, a man to engage that which it is 

 absolutely impossible he can engage, — namely, 

 that a perishable thing shall continue sound. 



I could make no objection to a clause, or agree- 

 ment between two parties, by which the seller 

 should be legally bound to take back any article 

 sold if it did not come up to the representation 

 made of it when sold ; for instance, it w^ould be 

 quite fair and most reasonable to require a man 

 to give, under his hand-writing, what he verbally 

 says in recommendation of the article sold, under 

 written engagement to take it back if his repre- 

 sentation prove false. We will suppose a horse 

 to be represented a sound one ; let the seller give 

 a certificate that he has no cause to doubt his 

 being so ; that he has never seen any ailment in 

 the horse, or, if he has, let him state what it has 

 been : let the horse then be taken and examined 

 by a veterinarian; if he considers the horse sound, 

 and likely to remain so, whether the represent- 

 ation states he never was known by the seller to 

 be amiss, or that he had been so, there, I con- 



