Tue Horses. 43 
tends only to soundness; ‘ warranted sound’ goes no further ; 
the age, freedom from vice, and quietness to ride and drive, 
should be especially named. This warranty comprises every 
cause of unsoundness that can be detected, or that lurks in the 
constitution at the time of sale, and to every vicious habit that 
the animal has hitherto shown. To establish a breach of war- 
ranty, and to be enabled to tender a return of the horse and 
recover the difference of price, the purchaser must prove that 
it was unsound or viciously disposed at the time of sale. 
“No price will imply a warranty or be equivalent to one; 
there must be an express warranty. A fraud must be proved 
in the seller, in order that the buyer may be enabled to return 
the horse or maintain an action for the price. The warranty 
should be given at the time of sale. A warranty, or a promise 
to warrant the horse, given at any period antecedent to the 
sale, is invalid; for horse flesh is a very perishable commodity, 
and the constitution and usefulness of the animal may undergo 
a considerable change in the space of a few days. A warranty 
after the sale is invalid, for it is given without any legal con- 
sideration. In order to complete the purchase, there must be 
a transfer of the animal, or a memorandum of agreement, or 
the payment of the earnest-money. The least sum will suffice 
for earnest. No verbal promise to buy or to sell is binding 
without one of these. The moment either of these is effected, 
the legal transfer of property or delivery is made, and what- 
ever may happen to the horse, the seller retains, or is entitled 
to, the money. If the purchaser exercises any act of owner- 
ship, by using the animal without leave of the vender, or by 
having any operation performed, or any medicine given to him, 
he makes him his own. 
“If a person buys a horse warranted sound, and discovering 
no defect in him, and relying on the warranty, re-sells him, 
and the unsoundness is discovered by the second purchaser, 
and the horse returned to the first purchaser, or an action com- 
menced against him, he has his claim on the first seller, and 
may demand of him not only the price of the horse, or the dif- 
