INDEX. 535 



BOWS, 



penalty for lacking, repealed, 367 



BREACH OF WARRANTY, 

 requisites to action on, 146 



buyer neither bound to tender the horse nor give notice 

 157 ' 



seller not bound to take back the horse, id. 

 unless the contract was executory, id. 

 Street r. Blay, id. 



judgment of the Court of King's Bench, 158 



Lord Eldon's opinion discussed, id. 



evidence in mitigation of damages, 159 



unfitness for a particular purpose, 160 



an intermediate profit, id. 



acts of ownership inconsistent with trial, id. 



confirmed by a later case, 161 

 remedy for breach of warranty, id. 

 goods are returnable where there is fraud, 162 

 agreement that a horse is to be returned if unsound, id. 

 or unsuitable, 163 



or unfit for a particular purpose, 164 

 verbal offer after sale to take back the horse, id. 

 return should be within a reasonable time, id. 

 or the contract becomes complete, id. 

 where buyer should tender the horse, id. 

 sale after tender, id. 

 notice instead of tender, 165 

 length of time before notice, id. 

 seller should have the horse examined, id. 

 sale by order of Court, id. 

 pleading in action on, 171 

 statement of claim, how framed for, 173 

 when any one substantive part is untrue, id. 

 when condition is annexed to the warranty, id. 

 payment in action on, id. 

 proof of breach of warranty, 181 

 plea of, in reduction of damages, 185 

 defence to action on, id. 



and see Wabkantt. 



BREAKING HORSES, 

 in a public place, 337 



BRIGHT EYE, 129 



BROKEN-BACKED, 69 



BROKEN-DOWN, 70 



BROKEN-KNEES, 70 



BROKEN-WIND, 70 



BRONCHITIS, 70 



