On the Sale and Purchase of Horses. 47 



or to bring an action against the seller. The 

 maxim, caveat emptor is equally applicable to a 

 purchaser of a racehorse as to any other com- 

 modity. 



To entitle a purchaser to repudiate the sale and 

 return the horse, and demand back the price, he 

 must prove one of two things. 



First. — That by the terms of the bargain it was 

 agreed, that in the event of the horse not tm-ning 

 out as represented, or having engagements, or of 

 there being unpaid stakes or forfeits due for liim, 

 the purchaser should be at liberty to return him ; 

 or in other words, that the sale was conditional 

 upon the horse turning out as represented, and 

 upon his engagements and all unpaid stakes and 

 forfeits being fully disclosed : or, 



Secondly. — That he was induced to purchase by 

 the fraudulent misrepresentation or concealment 

 by the seller, or his agent, of matter material to 

 be known by the purchaser, to enable him as a 

 prudent man to make his bargain. 



But in order to entitle the purchaser, in any 

 case, to return the horse and recover back his 

 purchase-money, he must repudiate the contract 

 immediately he becomes aware of the circum- 

 stances which entitle him to return it ; and he 

 must also be in a condition to return the horse in 



