149 



CHAPTER XII. 



Warranty, etc. 



When purchasing a horse the maxim caveat 

 emptor {" let the buyer beware ") constitutes a legal 

 rule ; and any man who buys a horse without a 

 warranty, unless he can adduce evidence of fraud, 

 has no remedy. If a buyer accepts a horse under 

 these conditions, no matter whether it be unsound 

 or vicious, he cannot recover from the seller. 



When a contract for the sale of goods by descrip- 

 tion is entered into, there is an implied condition 

 that the goods shall conform to the description. 



A warranty is of two kinds, viz. : — 



(a) General. 



(b) Qualified. 



There is also the so-called limited warranty. 



(a) General Warranty. — This is an unconditional 

 undertaking that the horse (etc.) is what the warrantor 

 professes it to be. 



(b) A Qualified Warranty.—" If a seller at the time 

 of sale says, ' I never warrant, but he is sound so 



