198 WARRANTING. 



" cases are questions for the jury, rather than of law. 

 " No legal contract can be founded on fraud, and 

 " wilful deception amounts in law to fraud/' This 

 is plain enough ; yet, if you take your case to law, the 

 chances are always nearly equal, whether it will be 

 decided for or against you ; " not from any defect in 

 the law, but because both buyer and seller have 

 always proofs of the shameful transaction/* 



Suppose you gain your cause : if you have been a 

 seller, your horse may be returned to you half-ruined ; 

 and if you have been a purchaser, you are always 

 bound to return a horse in as good a state as he was 

 when taken from the seller's hands. Here is a second 

 affair that may upset your first, and cost you ano- 

 ther large sum. Avoid law, if possible, and never 

 enter into any discussion : " your character, if you 

 have any, will not be enhanced by embroiling your- 

 self in a quarrel with a cheat ;" but in order to pre- 

 vent disputes, as well as litigation, never warrant, nor 

 ask for a warranty. Do not commit yourself either, 

 by saying, " He is sound as far as I know :" this is a 

 qualified warranty, and the purchaser may maintain 

 assumpsit upon it, " if he can show the horse was un- 

 sound to the knowledge of the seller." Such might 

 be fair in some cases, but very unfair in others, and 

 it might lead to great disputes ; for every man who 

 really knows a horse, must be fully aware there are 

 not ten in every hundred that can strictly, profession- 

 ally, and legally, be called sound. This, therefore, 

 should be your only warranty : " There's my horse, 



his price is rupees, ready coin ; you take him with 



all faults and diseases ; I allow you a quarter of an 

 hour's inspection, and I will send him over when you 

 send the money." There are even objections to al- 



