LEGAL DEPARTMENT. 59I 



supposed to be the occasion of damages to the purchaser. The in 

 tention and understanding of the parties to the warranty was, in such 

 as well as in other contracts, as to their construction, is in the use 

 of the horse that its value principally consists. It may well be pre- 

 sumed then that when a horse is purchased that he is purshased for 

 service, and it is with reference to his ability and fitness for service that 

 the guarantee for soundness would be required, and given. We can see 

 ,no reason for supposing that the future fitness or usefulness of the 

 horse would be likely to be more an object of solicitude on the part of 

 the purchaser than its present fitness, and when we consider the subject 

 matter of such a guarantee we can see no reason to suppose that in 

 such cases the purchaser would not require a general warranty of sound- 

 ness. That at the time of the sale the animal is laboring under no dis- 

 ease or injury which at that time or afterwards does or will diminish 

 his natural or ordinary usefulness or fitness for service. 



i 



WHAT CONSTITUTES A WARRANTY. 



It is not necessary that any particular form of words should be used 

 to create a warranty. The word " warrant " may not be used at all, 

 nor the word soundness. Thus: The seller of the horse who says he 

 is all right in every respect, or similar words, indicates and expresses a 

 warranty. A statement at time of sale of the horse that the animal is 

 of specified age, is a warranty that he is no older. But any statement 

 that he is sound and right or sound and perfect will include a war- 

 ranty. The statement that a horse is well broken might or might not 

 include a warranty of gentleness, and the statement that a horse is 

 sound every way, perfectly gentle, would not be a guaranty that the 

 horse is well broken or suitable to plow or do any other particular work. 



The warranty should not be construed beyond its reasonable signifi- 

 cation, thus: A bill of sale of one gray horse, five years old, which I 

 warrant sound and kind, is a warranty of soundness and kindness only, 

 and the first expression is a matter of description. Generally the mere 

 affirmation that the horse is sound when exposed to sale and the pur- 

 chaser's inspection, is not a warranty unless it is so intended by the 

 parties, and care should be taken to have the matter properly under- 

 stood; thus, in reply to the question as to the soundness of the horse, 

 the reply is, I think the horse is sound, it does not mean a guarantee, 

 nor the statement that the horse's eye is as good as any horse's eye in 



