513 
SALE AND WARRANTY OF HORSES. 
BY way of sequel to Mr. Percivall’s paper on Soundness , we in¬ 
tend, on the present occasion, to present our readers with a brief 
exposition of “The Laws relating to (the Sale and Warranty of) 
Horses such as they appear in the neat little work*, which we 
recommend all veterinarians to possess themselves of, now lying 
open upon the table before us. 
Transfer by Sale . 
“ It is an established rule, that the original contract is to be 
construed with equal strictness as to both parties; that a pur¬ 
chaser cannot, at his own option, insist upon a part and reject the 
residue ; and when the contract has been once complete, and 
partly carried into effect, or in any manner become binding, that 
it shall not be affected by any declarations subsequently made, 
either to discharge or qualify any part of the original terms, for it 
is then made without consideration.”—“ But, if there be a mutual 
agreement to abandon the contract altogether, and raise a new 
one, it must be so expressed, and the second contract then be¬ 
comes the original and new one.”—“ So, when the sale is made 
under written particulars, they cannot be contradicted by any 
parol matter, although it is competent to the plaintiff to give sup- 
pletory matter in evidence as part of it.”—“ So, neither can a 
contract, once final, be extended by evidence of previous contracts 
which have been waved or superseded.” 
“ The agreement of the sale of horses has been held to be an 
* agreement relating to the sale of goods,’ within the statute of 
frauds, and does not require a stamp; and a written receipt for 
the price containing the warranty, or other condition of sale, is 
therefore admissible in evidence, stamped as a common receipt, 
without an agreement stamp, and is the usual mode in which the 
contract is made and proved.” 
“A servant employed to sell a horse has an implied incidental 
authority to give a warranty, it being now a usual mode of selling, 
and no special authority need be proved to render thef master 
liable. So the declarations of the servant at the time of sale are 
evidence to charge the master ; and unless he be expressly re¬ 
stricted, having authority to warrant a horse as sound, he may 
warrant him young.” 
•Laws relating to Horses, considered as the subject of property, sale, 
hire, wager, distress, hcriot, or criminal charge ; intended for practical and 
professional reference. Clarke , London, ld25. 
