170 APPENDIX. 
establish a precedent of dangerous consequence. For the 
liability created by a warranty extending to unknown as well 
as known defects, is greater than is expected by persons 
inexperienced in law, and as everything said by the seller in 
bargaining may be evidence of warranty to the effect of what 
he said, an unguarded conversation with an illiterate man 
sent to deliver a horse may be found to have created a 
liability which would be a surprise equally to the servant 
‘and the master. We therefore hold that the buyer, taking 
a warranty from such an agent as was employed in this case, 
takes it at the risk of being able to prove that he had the 
principal’s authority, and if there was no authority in fact, 
the law does not, in our opinion, create it from the cir- 
cumstances,” 
Warranty and Patent Defects. 
“A general warranty does not'usually extend to defects 
apparent on simple inspection, requiring no skill to discover 
them, nor to defects known to the buyer.” (Benjamin on 
Sales, 2nd Ed., 502.) 
Notre.—In horse cases the above holds good in very few 
cases indeed, and is not at all to be relied on. 
Warranty and Skill in Buying. 
A buyer is not bound to exercise his skill when a warranty 
is given. In Zye v. Fynmore (3 Camp. 462), Lord Ellen- 
borough said :—“ He (the buyer) was not bound to exercise 
his skill, having an express undertaking from the vendor as 
to the quality of the commodity.” : 
