WAREANTY. 



115 



ranty be made at the time of sale or before sale, so long as 

 the sale is made upon the faith of the warranty {g). For 

 where a seller informed a buyer that one of two horses he 

 was about to sell him had a cold, but agreed to deliver both 

 at the end of a fortnight sound and free from blemishes, 

 and at the expiration of that time both horses were 

 delivered, but one had a cough and the other a swelled leg, 

 which was apparent at the time of sale, the seller brought 

 an action to recover the price, and a verdict was found for 

 the buyer. The Court of Common Pleas refused to disturb 

 it or grant a new trial, as the warranty did not apply to 

 the time of sale but to a future period {h). 



On the sale of goods, if the parties agree to the specific 

 chattels, there is no implied warranty on the part of the 

 seller that the goods shall be fit for the particular purpose (i) 

 for which they are required, but only that they must be 

 merchantable, that is to say, fit for some purpose {k) . 



If a person sell a commodity for a particular purpose he 

 must be understood to warrant it reasonably fit and proper 

 for such purpose (/). If a man sells a horse generally, he 

 warrants no more than that it is a horse ; the buyer puts 

 no question, and perhaps gets the animal cheaper. But if 

 he asks for a horse to carry a lady, or a child, or to drive 

 in a particular carriage, he who knows the qualities of the 

 animal and sells, undertakes on every principle of honesty 

 that it is fit for the purpose indicated ; but if it should turn 

 out that the horse was vicious, or had never been in 

 harness, the buyer would be entitled to recover, on proving 

 that the horse was unfit for the purpose for which it was 

 sold, although it might be fit for several other purposes. 

 The selling upon demand for a horse with particular 

 qualities, is an aflirmation that he possesses those 

 qualities (w). 



And in Chanter v. Hopkins («), Mr. Baron Parke said, 

 " Suppose a party oifered to sell me a horse of such a 

 description as would suit my carriage, he could not fix on 

 me a liability to pay for it, unless it were a horse fit for 



Buying for a 



particular 



purpose. 



Must "be 

 reasonably fit 

 for the pur- 

 pose. 



A carriage- 

 horse. 



{g) Pasleyw Freeman, 3 T. R. 59; 

 1 E. R. 634. 



ih) Liddard v. Kain, 9 Moore, 

 3.56; S. C, 2Biug. 183. 



(i) Per Parke, B., Sutton v. Tem- 

 ple, 12 M. & W. 55. See also s. 14 

 of the Sale of Goods Act, 1893, ante, 

 pp. 106, 107. 



[k) Per Best, C. J., Jones v. 



Bright, 5 Bing. 544. 



[l) Per Abbott, C. J., Gray v. 

 Cox, 4 B. & C. 115. 



(;n) Per Best, C. J"., Jones y. 

 Bright, 5 Bing. 544 ; & C, 3 M. & 

 P. 162. See also Jones v. Just, 

 L. K., 3Q. B. 197; 37 L. J., Q. B. 

 89; 18 L. T., N. S. 208. 



{n) 4 M. & ^Y. 406. 



I 2 



