BREEDING. 445 



and that the accident clause was inadmissible in an action 

 for negligence. ^'^^ 



There is no implied warranty in a contract for the service 

 of a stallion that he is free from disease that may be trans- 

 mitted to the offspring.^^^ 



One who has made a contract for the service of his mare 

 by a particular stallion with a warranty of a foal and 'a pro- 

 vision that the mare must be returned regularly for service 

 and that in case of the stallion's death another may be used, 

 may, where the stallion dies before securing a foal, recover 

 his service fee and is not bound to send back the mare for 

 service by another horse."^ On an issue as to whether a foal 

 was insured as a part of the contract, it was held that the 

 advertised terms of service were not admissible in favor of 

 the owner of the stallion.^''* A contract to breed another's 

 mare at one's own expense and to keep her till the colt is 

 foaled and weaned when the mare is to be returned and the 

 colt to remain with the bailee as his property, is not void 

 as to the bailor's creditors as the sale of a thing not in exist- 

 ence, but is an agreement for the use of the mare for a 

 particular purpose with a right to her produce in the mean- 

 time.^'^ 



The owner of a stallion has a lien on the mare served for his 

 fees.i''* In New York this lien exists from the time of service 

 and one who purchases the mare after service and before the 

 filing of the notice of the lien, but before the time for filing 

 the notice has expired, takes subject to the lien.^'^'^ Where 

 one who purchases a mare after serivce has actual notice 

 thereof, he has notice of the Hen sufficient to bind the colt 



'" Scott V. Hogan, supra. "" Briggs v. Hunton, 87 Me. 145. 



™ Tatro V. Bailey, 67 Vt. 7Z. 



"'White V. Williams (Ky.), 49 S. W. Rep. 808. 



""■Maize v. Bowman, 93 Ky. 205. 



See, as to the sale of the increase of animals, § 17, supra. 



""Scarfe z;. Morgan, 4 M. & W. 270. 



"' Tuttle V. Dennis, 58 Hun (N. Y.) 35. 



