THE LAW OF WARRANTY. 
1GG 
obvious blemishes, giving security against any evil effects from 
them. Such warranties are “special.” A popular delusion 
prevails, that warranties to be legal must be written. Ft is not 
so : a verbal warranty from the owner or his agent, or even an 
implied warranty, is perfectly legitimate ; always, of course, pre¬ 
mising that it can be proved; and a written warranty is tech¬ 
nically more valuable on this account, and on this account only. 
The security obtained by possession of a warranty is, after all, 
exceedingly small; since, to enforce it, necessitates an appeal to 
law, involving much trouble and expense, and being attended 
with that “ glorious uncertainty”— 
“ That makes us rather hear the ills we have, 
Than fly to others that we know not of.” 
In the hands of the capricious, it is often used to the annoyance 
of the dealer, compelling him to receive back an animal which 
the fancy of the purchaser has been prejudiced against, or, in the 
event of refusal, to incur a loss of patronage, in itself of more 
worth than the horse in question. But the same thing would 
follow providing no warranty existed: plenty of horses are 
returned without any appeal to the warranty at all. A purchaser 
takes a dislike, justly it may be or otherwise ; the dealer feels 
compelled to receive again the purchase without demur, either 
from a conscientious feeling of the justice of such proceeding, or 
from fear of losing a valuable customer. It must be apparent that 
the law of warranty is a dead letter in such instances as these; 
the question not being what may be done by a purchaser who 
has either just confidence in the merchant’s honesty or his own 
influence. It is not what men may do by mutual arrangement, 
but what can be legally insured? It is not what may be ob¬ 
tained as a favour; but what may be demanded as a right. 
In this light alone is the subject to be considered: in com¬ 
mercial transactions men cease to be friends, each party has a 
right to attend to his own security, and to see that the 
terms of contract are such as to prevent any undue advantage 
being taken. 
As a legal instrument, we conceive a warranty to be totally 
inadequate to effect the purpose intended. Let us assume a 
case :—A person purchases a horse with the usual warranty of 
soundness and freedom from vice; possibly a special warranty is 
added, referring to some existing defect. In the hands of the 
new owner the horse becomes vicious, and in addition, lame. 
Professional assistance is called, the animal is pronounced un¬ 
sound from the very defect for which a special warranty has 
been given, persons come forward to assert that the animal has 
shewn restive propensities on several occasions. Under these 
circumstances the purchaser endeavours to return him; but the 
