WHAT DOES NOT AMOUNT TO A WARRANTY. 89 



A bare affirmation of soundness, etc. not amounting to a 

 warranty unless it is intended to have that effect, there is no 

 warranty where an auctioneer says, "Here is a nice lot of 

 young, sound sheep ;""^ nor where it is stated of diseased 

 sheep, "They appear to be healthy and are doing well ;" ^^* nor 

 where the seller asserts that he is sure the mare is safe and 

 kind and gentle in harness ;^^^ nor where one sells a horse as 

 of the age stated in a written pedigree, declaring that he 

 knows nothing of the horse but what he has learned from the 

 pedigree;"" nor where the seller states that the horse's eyes 

 are as good as any horse's eyes in the world.^^'^ 



Where on an exchange of horses the defendant delivered 

 one to the plaintiff, saying, "If it don't suit you, bring it back," 

 and the horse was returned as a "kicker" and the defendant 

 showed another, saying, "This is your horse; exactly the 

 horse you want. ... If you are satisfied, take the horse 

 home," there was held to be no warranty against the horse's 

 taking fright at an electric street car.^^* Where a horse is 

 described as a "gray four year old colt, warranted sound," the 

 warranty is confined to the soundness, the age being merely 

 matter of description."^ 



33. What Constitutes Unsoundness, Etc. — It was held by Lord 

 Coleridge, in Bolden v. Brogden,^^" that a slight disorder in 



"horse's age in a supplemental catalogue of sale, where the catalogue 

 proper stated that the ages were approximate but not warranted: Henry 

 ■V. Salisbury, 14 N. Y. App. Div. 526. 



"' McGrew v. Forsythe, 31 la. 179. 



"* Tewkesbury v. Bennett, 31 la. 83. 



""Jackson v. Wetherill, 7 S. & R. (Pa.) 480. And see McFarland v. 

 Newman, 9 Watts (Pa.) S5; Holmes v. Tyson, 147 Pa. St. 305; Hardy v. 

 Anderson, 7 Kulp (Pa.) 396; Wilson v. TurnbuU, 23 Rettie (Sc. Ct. Sess.) 

 714- 



"° Dunlop V. Waugh, Peake, 123. 



'" House V. Fort, 4 Blackf. (Ind.) 293. 



"' Meyer v. Krauter, 56 N. J. L. 696. 



"" Budd V. Fairmaner, 8 Bing. 48. And see Richardson v. Brown, i 

 id. 344; Willard v. Stevens, 24 N. H. 271. 



'^°2 M. & Rob. 113. And see Garment v. Barrs, 2 Esp. 673, where it 



