482 LAWS OF WARRANTY IN THE GERMANIC STATES. 
the medium of experienced persons, before the expiration of tlie 
legal period of warranty. They likewise authorise the purchaser 
to institute his action after the prescribed time, if he can produce 
actual proof that the unsoundness existed before the sale; and, on 
the other hand, the seller is permitted to adduce proof that the first 
appearance of the unsoundness was subsequent to the sale. 
The law makes no distinction between the animal being sold, 
or given in exchange, or coming in right of inheritance. It like¬ 
wise permits the action to include a pair of horses, or other 
animals, when one only of them becomes unsound, and the price 
was not fixed for each animal separately. 
It does not matter whether the seller was cognizant of the 
unsoundness. If he is condemned to retake the animal, he must 
pay all the expenses of his keep, and of the legal proceedings. 
The buyer loses all right of bringing his action for unsound¬ 
ness when he fails of plainly and expressly pointing out the na¬ 
ture of the evil of which he complains. The owner of the horse 
may at the time of sale point out any faults against which he 
will not give a warranty, but the vague expression, that he does 
not warrant the horse at all, will not relieve him from future 
liability. 
The simple disposition or apparent liability to a certain disease 
is not sufficient; the purchaser must prove the actual existence 
and manifest development of the disease. On the declaration of 
the veterinary surgeons appointed by the tribunal to examine 
into the case that there is some doubt as to the disposition to, 
or development of, a certain disease, the judges have the power 
of prolonging the usual duration of the warranty. The dura¬ 
tion of the warranty commences from the delivery of the animal. 
With regard to other faults or vices beside those expressly 
named in the laws relating to the warranty of any animals, and 
which may become apparent within twenty-four hours of the 
sale, the purchaser may institute an action for any sum not ex¬ 
ceeding half the price, or he may bring an action generally for 
fraud; but he must in these cases furnish proof that these faults 
existed before the sale. 
Bavaria. 
In the different states which now compose the kingdom of Ba¬ 
varia the old laws of warranty are in full force. 
A, In the common law of Old Bavaria there are laws relating 
to GLANDERS, MANGE, and PHTHISIS* ill the home, and ex- 
* The French term is vieille courbature, a vague and unscientific 
term. The words consumption, or pulmonary phthisis, will best convey its 
true meaning. 
