116 



warranty; sale and warranty by agent, etc. 



Latent imdis- 



coverable 



defects. 



Quiet in 

 harness. 



the purpose it was wanted for ; but if I describe it as a 

 particular bay horse, in that case the contract is performed 

 by his sending that horse " (o). 



Nor is there any exception as to latent undiscoverable 

 defects. In Randall y. Newson{p), the plaintiff ordered 

 and bought of the defendant, a coach-builder, a pole for 

 his carriage. The pole broke in use, and the horses 

 became frightened and were injured. In an action for 

 the damage, the jury found that the pole was not reason- 

 ably fit for the carriage, but that the defendant had been 

 guilty of no negligence. On motion by the defendant for 

 judgment, the Court [q) ordered judgment to be entered for 

 the defendant, on the ground that the answers of the jury 

 amounted to a finding of a latent defect in the wood of the 

 pole, which no care or skill could discover, and that the 

 principle of the decision in ReadheaclY. Midland Rail. Co. {>•) 

 extended to the sale of an article for a specific purpose. 

 The plain tifi' appealed. And the Court of Appeal held 

 that the limitation as to latent defects, introduced by 

 Readhead v. Midland Rail. Co. (s), does not apply to the 

 sale of a chattel, and that the plaintiff was entitled to 

 recover the value of the pole, and also for damage to the 

 horses, if the jury on a second trial should be of opinion 

 that the injury to the horses was the natural consequence 

 of the defect in the pole. 



Proof that a horse is a good drawer only will not satisfy 

 a warranty that he is "a good drawer and pulls quietly in 

 harness." And the Court of King's Bench held that it 

 was quite clear these were convertible terms, because no 

 horse can be said to be a good drawer if he will not pull 

 quietly in harness, and therefore proof that he is merely a 

 good puller will not satisfy the warranty ; the word good 

 must mean "good" in all particulars (0- And where a 

 horse was warranted " sound and quiet in all respects," 

 Lord Abinger, C.B., held it to include the being quiet in 

 harness {u). But where the warranty was as follows, y\z., 

 " Received from A. the sum of 60^. for a black horse risina: 



(o) Chanter T. Sopk'ms, 4 M. & 

 "W" 406. See also Chalmers v. 

 Harding, 17 L. T., N. S. 571. 



(p) 2 Q. B. D. 102 ; 46 L. J., 

 Q. B. 259 ; 36 L. T., N. S. 164. 



(o) Blackburn and Lusli, JJ. 



()■) L. E., 4 a. B. 379. 



(s) L. E., 4 Q. B. 379. This case 

 ducided that the contract made by a 



carrier of passengers is to take due 

 care to carry the passengers safely, 

 and is not a warranty that the 

 carriage in which he ti-avels shall be 

 in all respects perfect for its purpose. 



(t) CoUherd v. Puncheon, 2 D. cfc 

 M. 10. 



{u) Smith V. Farsons, 8 C. & P. 

 199. 



