168 APPENDIX. 
decide. Spoken warranties are so difficult to prove that 
most buyers tamely submit to receive in writing a warranty 
in its barest form rather than be obliged to prove what was 
said. 
Warranty by Representation. 
Otway Cave, M.P., v. Colman.—Mr. Cave wanted a horse 
to carry him pleasantly in the parks. He saw and admired 
one (Atticus) in Mr. Colman’s stables, and inquired whether 
he was suited for that purpose. Colman said that he could 
not have a more showy or a finer horse, and that it would 
suit him well. ‘ 
At Mr. Cave’s request Atticus was taken into the yard and 
mounted by one of the boys, when he kicked and plunged 
furiously. Colman expressed much surprise at this bad 
conduct of Atticus, and said that it must be owing to the 
curb bridle, as he had never shown such symptoms before. 
A snaffle-bridle was then tried, but he was as unmanageable 
as ever. ‘Colman then, seemingly, displayed more astonish- 
ment. “It must have been occasioned,” he said, “by the 
horse not having been worked for two or three days.” 
Mr. Cave declared that he could not comfortably or safely 
ride a horse so viciously disposed. Colman assured him that - 
the horse was perfectly quiet and safe, and that his present 
ill-humour was caused by tight girthing, or some accidental 
thing, and was of no consequence. 
On the faith of this representation Mr. Cave bought the 
horse ; and on the first day of his being taken into the park 
he began to rear and plunge, and was accordingly returned. 
Colman refused to refund on two grounds : ¢hat he had not 
given a warranty, or, that of he had, it was of no use, as it 
was given on a Sunday. 
No warranty seemed to be proved, but the Judge (Baron 
Garrow) ruled, that the representation made by the plaintiff 
was a sufficient warranty, and a verdict was accordingly 
given for the plaintiff (Veter¢narian, vol. i. 344). 
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