86 SALE AND MORTGAGE. 



the sale of a horse at a fair may have an implied authority to 

 warrant. ^^ 



Where the master is unwiUing to stand to the servant's war- 

 ranty, he is bound to take the horse back and return the 

 money paid.®^ 



31. "What Amounts to a Warranty — Where horses are de- 

 scribed in a bill of sale as "sound and kind," this amounts to 

 an express warranty, especially where the purchaser has not 

 the peculiar means of knowing the facts which the seller pos- 

 sessed.®* A representation made during the negotiation of 

 a sale of mules that they were "all right" is a warranty of 

 soundness. "No valid reason can be given why if A., in sell- 

 ing his horse to B., says, 'I warrant him sound,' it should be 

 held a warranty, but not if he says 'he is sound.' " ^^ So, 

 where the representation was that a horse was sound, straight 

 and all right, just such a horse as the buyer wanted, this was 

 held to be a warranty.*® And likewise, where it was repre- 

 sented that the buyer "may depend upon it the horse is per- 

 fectly quiet and free from vice;" ®'' and where representations 

 as to the age and soundness of a horse were made privately 

 by an administrator to one who subsequently bought the 

 horse from him at an auction.®^ If the seller says at the time 

 of sale, "I never warrant, but he is sound as far as I know," 

 this is a qualified warranty and the purchaser may maintain 



" Brooks V. Hassall, 49 L. T. N. S. s69> commented on in 18 Ir. L. T. 

 15, where it is said, "We assume that, as of course, sucli authority is 

 limited to where its exercise would be 'required to complete the sale,' 

 in the words of Erie, C. J.," citing Woodin v. Burford, supra. And see 

 Alexander v. Gibson, 2 Camp. 555, where the sale was at a fair. 



" Oliph. Horses (5th ed.) 126. 



°* Hobart v. Young, 63 Vt. 363. Cf. Wason v. Rowe, 16 id. 525, cited in 

 § 32, infra. 



"^ McClintock v. Emick, 87 Ky. 160. And see Money v. Fisher, 92 

 Hun (N. Y.) 347; Riddle v. Webb, no Ala. 599; Zimmerman v. Brannon, 

 103 la. 144. 



"° Murphy v. McGraw, 74 Mich. 318. 



°' Cave V. Coleman, 3 i\I. & R. 2. "' Grossman v. Johnson, 63 Vt. 333. 



