180 



PLEADING, EVIDENCE AND DAMAGES. 



Warranty iu 

 a receipt not 

 always con- 

 clusive. 



Written 

 warranty 

 requires no 

 agreement 

 stamp. 



sold his horse at Aldridge's repository, and said at the time 

 of sale that if he did not work well, and go quietly in 

 harness, the plaintiff was to send him back, and he should 

 have his money returned. The plaintiff bought him and 

 received the following memorandum : — 



" Bought of G. Pink a horse for the sum of 11. 2s. 6d. 



G. Pink." 



The horse when put into harness was found to be unruly 

 and vicious, and was accordingly returned to the defendant. 

 The price was demanded back, and on its being refused an 

 action was brought to recover it. It was held by the 

 Court of Exchequer, that parol evidence might notwith- 

 standing be given of the warranty (s). 



But a warranty contained in a receipt is not always 

 conclusive evidence that a warranty has been given. For 

 where some hours after bargain the defendant sent his 

 coachman to pay the plaintiff the money, and the coach- 

 man drew out the following receipt, which was signed by 

 the plaintiff, an illiterate man, " Received 10/. for a colt 

 warranted sound : " it was held to have been properly left 

 to the jury to find whether the warranty of the colt 

 formed any part of the bargain, or was inserted in the 

 receipt without authority, by an after-thought of the defen- 

 dant's servant (t). 



It is not necessary that a written warranfy should have 

 an agreement stamp. This was so decided in the following 

 case, where the plaintiff gave in evidence a written instru- 

 ment signed by the defendant, which had a receipt stamp, 

 and contained a receipt for the price of the horse, with the 

 words subjoined, " warranted sound." It was objected 

 that it could not be read in evidence for the purpose of 

 proving the warranty without an agreement stamp. But 

 on the authority of Mr. Justice Lawrence, in Browne v. 

 Frye (?«), Lord Ellenborough held that such a receipt might 

 be received to prove the warranty, as well as the payment of 

 the price of a horse, with a receipt stamp only \x) ; and a 

 warranty comes within the exception in the schedule 

 of 33 & 34 Vict. c. 97 (the Stamp Act, 1870), as it is an 

 agreement relating to the sale of goods, wares, and 

 merchandizes. 



(s) Allen V. Finh, 4 M. & W. 140. 

 {t) Fairmaner v. Buddy 7 Bing. 

 575. 



(m) Browne T. Frye, cited iu SJcrine 



V. Flinor 

 754. 



(a:) Skrine v. Elmore, 

 407; 11 R. R. 754. 



2 Camp. 407; 11 E. K. 

 2 Camp. 



