^88 SALK AND MORTGAGE. 



that the horse has received any particular training or teach- 

 ing, but only that he is docile, tractable and quiet." i^' 



The testimony by a purchaser of hogs at an auction that 

 he had made up his mind while looking at them before the 

 sale to buy some if they went cheap enough, is not conclusive 

 that the sale was without conditions as to health and sound- 

 ness, so as to prevent his recovering on an implied warranty 

 of their health.^*** 



32. What Does Not Amount to a Warranty — The statement 

 in a bill of sale that a horse is "considered sound" does not 

 amount to a warranty.^"® Nor is a statement in a circular 

 that a young stallion will "make his mark as a foal-getter" a 

 warranty that he will prove an ordinarily sure one, but is 

 merely an expression of belief as to what may be expected 

 •of him in the future.^^** And a statement in a handbill ad- 

 vertising the sale of stock that certain shoats are "in good 

 health and condition" is not a warranty that they are in such 

 icondition at the time of the sale three weeks after the posting 

 of the bill, as it "could, at most, only amount to an antecedent 

 representation of the quality and condition of the shoats as 

 they were when the bills were circulated; and this statement 

 •could not be construed as any part of the contract subse- 

 quently entered into between plaintifif and defendant, unless 

 expressly made so at the time of sale." ^^^ 



And where a horse was to be sold at auction without a war- 

 ranty, and the seller on the day before the auction said to the 

 purchaser who was looking at the animal's legs, "You have 

 nothing to look for; I assure you he is perfectly sound in every 

 respect," and the purchaser replied, "If you say so, I am per- 

 fectly satisfied," and on the faith of this representation bought 

 the horse, it was held that there was no warranty.^^^ 



'"' Bodurtha v. Phelon, 2 Allen (Mass.) 347. 



™ Powell V. Chittick, 89 la. 513. "= Wason v. Rowe, 16 Vt. 525. 



■"" Roberts v. Applegate, 153 111. 210, affirming 48 111. App. 176. 



'" Ransberger v. Ing, 55 Mo. App. 621. 



"'- Hopkins v. Tanqueray, 15 C. B. 130. So as to the statement of a 



