REPOSITORIES AND AUCTIONS. 41 



By the rules of some repositories every horse sold, war- Trial of a 

 ranted quiet in harness, is, in cases of dispute, to be tried liorse war- 

 by an impartial person; and the expense of trial, in case ^"^fn^^f* 

 the horse does not answer his warranty, is to fall on the 

 seller. The keeper of the repository has a specific lien on 

 the horse until such expense be paid(«). 



Where the auctioneer declares that the conditions of a Notice of the 

 sale by auction are as usual, there is a sufficient notice of g^j"'^^*^™^ "* 

 them to purchasers (k), where they are printed and posted 

 up in a conspicuous part of the auction-room. Thus, where 

 an action on the case was brought on the warranty of a 

 horse, it appeared that the horse was sold by auction at the 

 defendant's repository, and warranted sound. The sale 

 took place on the Wednesday. At the time of the sale, the 

 auctioneer announced that the conditions of the sale were 

 as usual. These conditions of sale were proved to be con- 

 tained ia a printed paper pasted up under the auctioneer's 

 box, and by one of them all horses purchased there, in case 

 of any unsoundness being discovered, were required to be 

 returned before the evening of the second day after the sale. 

 The horse in question was not returned till the Saturday. 

 When returned by the plaintiff, he was informed that it 

 was too late, as he ought, pursuant to the conditions of sale, 

 to have returned him on the evening of Friday. It was 

 contended that there was no evidence of notice of the con- 

 ditions of sale sufficient to bind the plaintiff. But Lord 

 Kenyon (in summing up) said — " In this case it is proved 

 that printed particulars of the sale are pasted up in the 

 public sale room under the auctioneer's box. In the case 

 of carriers, who advertise that they will not be liable for 

 goods lost above the value of 51., unless entered as such, 

 the posting up of a biU in the coach office to that effect has 

 been held to be sufficient. I therefore think the same mode 

 being adopted here gives the same degree of notice to all 

 persons who come to this sale, and that it is a sufficient 

 notice of the conditions under which the horses are sold." 

 " With respect to the main point, when parties enter into 

 a special agreement, they must adhere to the terms of it. 

 Here there is a condition that the party purchasing must 



(«) Sardinghamy. Allen, 5 C.B. was ignorant of the articles and 



797. conditions of sale. See Zain^ v. 



{k) By the law of Scotland, a Sain, 2 S. M. & P. 395. (Court of 



purchaser at a public auction can- Sess. Sco.) 

 not be allowed to plead that he 



