OWNERSHIP OF ANIMALS 245 
being able to exercise his breeding qualities.‘s 
So where the seller of a bull knew that he was 
without the power of propagation, but did not 
disclose the fact, it was held that he was liable in 
an action for his deceit.4® A stallion sold with a 
warranty as ‘‘a foal getter’’ was held not to ful- 
fill the terms of the guaranty when only eight out 
of fifty-five mares served were with foal.®°° A bill 
of sale guaranteeing a stallion as a breeder does 
not imply a guarantee that he is pure-bred.>1 
In regard to the character of the animal it must 
be remembered that an animal which is gentle 
and reliable in the handling of one person may be 
quite the reverse with another, possibly without 
any apparent reason. 
It is very evident from the foregoing that it is 
for the decided advantage of the buyer that the 
bill of sale state that the animal is sound, and 
free from vicious traits; but it is of such decided 
disadvantage to the seller that he should not in- 
sert such a statement unless he is willing to 
® assume the added responsibility in the matter. 
The bill of sale should describe the animal, or 
animals sold, with as much definiteness as is con- 
veniently possible. Of a horse it should give his 
age, color and sex, with special marks. Of a flock 
of sheep it should give the number, breed, number 
of sheep in each class (ewes, rams, etc.), with 
special marks. Of cattle on the range, in addition 
48 Budd v. McLaughlin, 10 Iowa, 545; Brown v. Doyle, 69 
Manitoba 75. Minn, 543. 
49 Maynard v. Maynard, 49 51 First National Bank v. 
Vt. 297. Hughes, 5 Cal. U. C. 454, 46 
50 McCorkell v. Karhoff, 90 Pace. 272. 
