i68 WARRANTY. 



untrae, or by the fact that the horse whilst it was 

 in the buyer's possession was injured without his 

 default, through an accident arising from a defect 

 inherent in the animal." — Ohphant's " Law of 

 Horses." 



In the case of Head v. Tattersall it was held 

 that the plaintiff Head had a right to return the 

 mare, though injured whilst in his possession, 

 through breach of warranty. According to the 

 terms of sale, the mare, if objected to, was to be 

 returned within a specified time. This really 

 implied that the mare was on trial, though the 

 purchase price had been received by the plaintiff. 

 The contract of sale was not absolute. Goods 

 deUvered " on sale or return " must be kept, or else 

 returned within a reasonable time, otherwise the 

 vendor can raise an action for the price of the 

 goods. 



When a horse is warranted as being suitable 

 for a particular purpose, but turns out unsuitable 

 for it, the buyer can return him, and then sue 

 for the recovery of his money, if it has been 

 paid. 



If the seller objects to take back the animal, it 

 is advisable to dispose of it as soon as convenient, 

 preferably by pubhc auction, subsequently raising 



