ON WARRANTY. 39 



the first seller, and may demand of him not only the price 

 of the horse, or the difference in value, but every expense 

 that may have been incurred. 



Absolute exchanges of one horse for another, or a sum 

 of money being paid in addition by one of the parties, 

 stand on the same ground as simple sales. If there is a 

 warranty on either side, and that is broken, an action 

 may be maintained; if there be no warranty, deceit must 

 be proved. 



The trial of horses on sale often leads to disputes. The 

 law is perfectly clear, but the application of it, as in other 

 matters connected with horse-flesh, is attended with glori- 

 ous uncertainty. The intended purchaser is only liable 

 for damages done to the horse through his own miscon- 

 duct. The seller may put what restriction he chooses on 

 the trial, and takes the risks of all accidents in the fair 

 use of the horse within such restrictions. 



If a horse from a dealer's stable is galloped far and fast, 

 it is probable that he will soon show distress j and if he is 

 pushed further, inflammation and death may ensue. The 

 dealer rarely gets recompensed for this, nor ought he, as 

 he knows the unfitness of his horse, and may thank himself 

 for permitting such a trial ; and if it should occur soon 

 after the sale, he runs the risk of having the horse return- 

 ed, or of an action for its price. 



In this, too, he is not much to be pitied. The mis- 

 chievous and fraudulent practice of dealers, of giving their 

 horses, by over-feeding, a false appearance of muscular 

 substance, leads to the ruin of many a valuable animal. It 

 would be a useful lesson to have to contest in an action or 

 two, the question, whether a horse overloaded with fat can 

 be otherwise than in a state of disease, and consequently 

 unsound. 



