WARRANTY. 157 



simply a warranty applying to the soundness of 

 the organs or part specifically named, and no 

 action can be maintained for unsoimdness else- 

 where, where fraud has not been employed. 



Defects patent to the eye of the purchaser are not 

 covered by general warranty, because such are obvious 

 to the buyer. The chief trouble which would be 

 likely to arise under these circumstances would 

 be that which " constitutes a patent defect." The 

 judge, or jury, will have to decide this matter. 



If a horse had, say, a " cloudy " cornea, and the 

 seller showed him with blinkers to his bridle, could 

 one expect the buyer to have observed it ? In 

 the author's opinion, the defect, though patent 

 when the horse had no bridle on, has been partly 

 obscured. If the buyer knew of this defect, he could 

 not recover on a general warranty. 



Gutta Serena or glass-eye, does not constitute a 

 patent defect, though the sight is completely lost, 

 temporarily, or permanently . 



The same remark applies to cataract. 



The buyer of a horse, knowing it to be blind, 

 cannot maintain an action against the seller for 

 breach of warranty, although the horse was war- 

 ranted sound in every way. 



In making a rule for a new trial with reference to 



