426 
LAMENESS. 
sound at the time of sale, and the horse afterwards becomes lame 
from the effects of a splint, visible when the horse was bought, it 
is certain that the warranty is broken.” This rule will apply to 
spavin, or to curb, or to windgall, or, in fact, to any other defect 
“ visible at the time of sale*.” For all warranties can only under- 
take for the animal’s qualifications at the time of sale: none can 
extend to any subsequent period unless there be a special clause 
“ to deliver the horse free from blemish,” and that delivery be by 
mutual agreement delayed. 
The form in which a receipt including warranty is generally 
written is — 
“ Received, the 16th of July, 1845, of A. B., Esquire, the 
sum of Ninety Pounds, for a grey gelding (stallion or mare) war- 
ranted sound, and quiet to ride and drive.” 
Or “ Warranted free from vice and blemish, except .” 
Or “ Warranted in every respect, except .” 
Or “ Warranted to have been constantly driven both in single 
and double harness, to have carried a lady, to have been regularly 
hunted, to be a good hunter or hackney, &c. &c.” 
Following the word “ except” there being every opportunity 
afforded the (honest) vender of stating what he may know inva- 
lidating the warranty, and thereby saving his credit as well as 
screening himself from the probability of litigation afterwards. 
“With respect to what (oral) declarations of the seller will 
amount to a warranty, the primary rule for the interpretation of 
contracts in general is applicable. It depends upon the intention 
of the parties. A simple affirmation of the goodness of an article 
is a warranty, provided it (a warranty) appear to have been in- 
tended : whereas, the sublimest epithets that seller ever employed 
to recommend his goods to a credulous buyer will be regarded as 
the idle phraseology of the market, unless an intention to warrant 
actually appear.” In fine, “ it is from the intention of the parties, 
as collected from the whole transaction, and from the meaning they 
appear to have attached to particular expressions, that the exist- 
ence or non-existence of a warranty is to be inferred t.” 
* Tomlin’s Law Dictionary, 1838. 
f Extracts from the Law Magazine. — See The Veterinarian for April 
1830. 
[To be continued.] 
