40 HOESEDEALERS, EEPOSITOHIES AND AUCTIONS. 



sound. At the time of sale there was a board fixed on the 

 wall of the repository having certain rules painted upon 

 it, one of which was that a warranty of soundness then 

 given, should remain in full force until noon of the day 

 following, when the sale should become complete and the 

 seller's responsibility terminate, unless a notice and veteri- 

 nary surgeon's certificate of unsoundness were given m 

 the meantime. The rules were not particularly referred to 

 at the time of this sale and warranty. The horse proved 

 unsound, but no complaint was made till after twelve on 

 the following day. The unsoundness was of a nature not 

 likely to be immediately discovered. Some evidence was 

 given to show that the defendant knew of it, and the horse 

 was shown at the sale under circumstances favourable for 

 concealing it. After verdict for the plaintifi', it was held 

 that there was sufiicient proof of the plaintiff having had 

 notice of the rules at the time of sale to render them 

 binding on him ; also that the rule in question was such as 

 a seller might reasonably impose, and that the facts did not 

 show such fraud or artifice in him, as would render the 

 condition inoperative ; and Mr. John Littledale observed, 

 " The warranty here was as if the vendor had said, ' after 

 twenty-four hours I do not warrant ; ' such a stipulation is 

 not unreasonable" {g). 

 Where it ap- jf a horse Sold at a public auction be warranted sound 



soimii^s^s. ° ^^'1 '^i^ years old, and it be one of the conditions of sale 

 that it shall be deemed sound unless returned in two days, 

 this condition applies only to the warranty of soundness. 

 Therefore, where a horse sold with such warranty was dis- 

 covered to be twelve years old ten days after sale, and was 

 then offered to the seller, who refused to take him, it was 

 held by the Court of King's Bench that an action might be 

 maintained by the buyer against the seller, and Lord 

 Kenyon said, " The question turns on the meaning of this 

 condition of sale, and I am of opinion that it must be 

 confined solely to the circumstance of unsoundness. There 

 is good sense in making such a condition at public sales, 

 because, notwithstanding all the care that can be taken, 

 many accidents may happen to the horse between the time 

 of sale and the time when the horse may be returned, if no 

 time were limited. But the circumstance of the age of the 

 horse is not open to the same difficulty " {h). 



(g) Bywater v. Richardson, 1 A. (h) Buchanan v. Parnshaw, 2 T. 



& E. 508 ; 3 N. & M. 748 ; Mes- R. 746. 

 nard v. Aldridge, 3 Esp. 271. 



