48 JTorse Racing. 



the same state and condition as lie was at tlie 

 time he was received. 



For a simple breach of warranty the only remedy 

 is an action for damages ; the measure of such 

 damages bemg the difference between the horse 

 as he really luas at the time of the sale, and the 

 value of which he would have been had he been 

 as he was w arranted to be ; and also such expenses 

 as have been fairly and reasonably incurred by 

 reason of that breach of warranty. 



Subject to what has already been stated, a pur- 

 chaser who has been induced by the fraud of the 

 seller to purchase a horse may either return him 

 and recover back the price, or sue for the damages 

 which he lias sustained. 



For a mere representation made witJiout fraud, 

 which turns out to be untrue, the purchaser has 

 no remedy whatever. 



As a general rule it may be taken that, in all 

 cases, where there is no wi'iting binding the par- 

 ties, the question whether there was a ^\arranty 

 or not — or whether there was fraud on the part of 

 the seller, is one of fact to be determined by a 

 jury, if the parties do not agree upon any other 

 tribunal to settle their differences. 



