ISO WARRANTY. 



far as I know,' it is a qualified warranty, and an 

 action for breach of warranty may be maintained 

 upon it by the purchaser, if it can be proved that 

 the seller knew of the unsoundness " (Oliphant's 

 " Law of Horses ")• 



A Limited Warranty is one that covers a specified 

 time, and such are operative at all the horse 

 repositories ; and if the vendee fails to return the 

 animal within the stipulated time, he cannot main- 

 tain an action, unless fraud or deceit has been 

 practised, or the animal is unfit to return through 

 illness. Notice of such must be at once given to 

 the auctioneer. 



In every case the intending buyer should insist 

 upon having a written warranty, and if the seller 

 objects to give this, then one may take it as 

 sufficient warning that the animal will not conform 

 to his verbal statements. There is always a good 

 deal of trouble experienced in deaUng with a verbal 

 warranty, or, rather, a breach of such. It may have 

 only amounted to a representation, which is quite 

 a different matter. 



As a rule a seller denies warranty, and unless 

 there be sufficient evidence that he did warrant 

 at the time of sale, the buyer cannot maintain an 

 action for a breach of it. 



