80 SALE AND MORTGAGE. 



the property is not to pass till the payment of a note, and be- 

 fore its maturity the horse dies.®^ 



Infancy is a good defence to an action on a warranty of a 

 horse.®* 



No indictment will lie for a deceitful representation and 

 warranty of the soundness of a horse.** 



28. Animals Bought for a Special Purpose, as Breeding, Etc — 



"If a man sells a horse generally he warrants no more than 

 that it is a horse ; the buyer puts no question and perhaps gets 

 the animal the cheaper. But if he asks for a carriage horse 

 or a horse to carry a female or a timid and infirm rider, he 

 who knows the qualities of the animal and sells, undertakes 

 on every principle of honesty that it is fit for the purpose in- 

 dicated. The selling upon a demand for a horse with par- 

 ticular qualities, is an affirmation that he possesses those qual- 

 ities." «B 



So where a horse is bought for a particular purpose known 

 to the seller, a representation that he is "all right," relied on 

 by the purchaser, is a warranty not only of soundness, but of 

 fitness for the use intended.®® But one selling a hoi-se as safe 

 and kind and a good family horse was held not to be liable 

 to the purchaser's wife for injuries received in driving where 

 there was evidence that he supposed the horse was to be used 

 exclusively by the husband in his business, and none to show 



•^ Copeland v. Hamilton, 9 Ma. 143. 



'^ Hewlett V. Haswell, 4 Camp. 118. 



" Rex V. Pywell, i Stark. 325. 



"Best, C. J., in Jones v. Bright, s Bing. 533, 544 {ohiter dictum); 

 Oliph. Horses (5th ed.) 115. 



A sale and warranty to one who the seller knows is purchasing for an- 

 other are in effect a sale and warranty to the latter: Darden v. Oneal 

 (Tenn.), 35 S. W. Rep. 1095. As to a sale of an unborn foal "with all 

 its racing engagements," see Corrigan v. Coney Island Jockey Club, 61 

 N. Y. Super. Ct. 393. 



"^ Smith V. Justice, 13 Wis. 600. And see McClintock v. Emick, 87 

 Ky. 160; Ingram v. Sumter Music House, 51 S. C. 281; Danforth v. 

 Crookshanks, 68 Mo. App. 311. 



