1 66 WARRANTY. 



that it is of any particular quality or description^ 

 and actually accepted and received it into his posses- 

 sion, can afterwards, upon discovering that the 

 warranty has not been compUed with, of his own 

 will only, without the concurrence of the other 

 contracting party, return the chattel to the vendor, 

 and exonerate himself from the payment of the 

 price on the ground that he has never received that 

 article which he stipulated to purchsise.' " 



In Scotland, when the seller takes no notice of the 

 certificate, the horse is usually put up at livery, the 

 seller notified where the animal is standing, and the 

 purchaser proceeds to sue for the price paid. 



Most veterinary surgeons charge a fee of ten 

 shiUings and sixpence for the certificate and exam- 

 ination, and this may be demanded from the 

 seller as part of the expenses incurred through 

 breach of warranty. 



A contract cannot be rescinded by one party on 

 a breach of warranty unless there has been an 

 arrangement (agreement) to this effect. Both 

 persons must consent to the rescinding of the 

 contract. 



When there is an unconditional warranty, the 

 only ground on which goods are returnable is that 

 of fraud (Oliphant's " Law of Horses," page i68). 



