170 WARRANTY. 



When a horse is sold with a warranty, and the 

 vendor is told that the animal is not sound, and 

 he offers to take the horse back and refund 

 the money (though he denies that it is unsound), 

 the original contract is held to be still open ; 

 the vendee must sue on the breach of warranty, 

 and not raise an action for money had and received. 



A horse that is bought on the condition that he 

 can be returned if not suitable, aUows the buyer 

 to raise an action against the seller for money had 

 and received. 



