i 3 o 
THE RURAL NEW-YORKER 
February 23 
SALE OF ANIMALS. 
What Amounts to a Warranty? 
Animals are personal property and 
subject to all the laws governing such 
property. The sale of an animal must 
be completed by delivery to make it 
valid against the rights of third parties. 
The rule of “Caveat emptor”—let the 
buyer beware—applies to the sales of 
animals, where there is no fraud, con¬ 
cealment or warranty. It is a maxim 
employed in the law to signify that 
when a buyer haS required no warranty, 
he takes the risk of quality and condi¬ 
tion upon himself, and has no remedy 
if he chooses to rely upon the bare rep¬ 
resentations of the seller. To this rule 
there are many exceptions which are of 
particular interest to the farmer or 
stock-breeder. 
if a man sells a horse generally he 
warrants no more than that it is a 
horse; the buyer puts no question, and 
perhaps gets the animal the cheaper. 
But if he asks for a carriage horse, or 
a horse to carry a female or a timid and 
infirm rider, he who knows the quality 
of the animal and sells, undertakes on 
every principle of honesty that it is fit 
for the purpose indicated. The selling 
upon a demand for a horse with par¬ 
ticular qualities, is an affirmation that 
he possesses these qualities. Where a 
horse is bought for a particular pur¬ 
pose known to the seller, a representa¬ 
tion that he is “all right,” relied on by 
the purchaser, is a warranty not only 
of soundness, but of fitness for the use 
intended. But one selling a horse as 
safe and kind and a good family horse 
was held not to be liable to the pur¬ 
chaser’s wife for injuries received in 
driving where there was evidence that 
he supposed the horse was to be used 
exclusively by the husband in his busi¬ 
ness, and none to show that he expected 
the wife to rely upon his representations 
to the husband. On the other hand, it 
has been held that where producers and 
dealers in horses for breeding purposes 
sell one to a person who, to their knowl¬ 
edge, wishes him for such purposes, 
is an implied warranty that the horse 
is reasonably fit for such purposes; and 
that he is not prevented through illness, 
weakness or other infirmities from be¬ 
ing able to exercise breeding qualities. 
Where horses are described in a bill 
of sale as “sound and kind,” this 
amounts to an express warranty, es¬ 
pecially where the purchaser has the 
peculiar means of knowing the facts 
which the seller possessed. A represen¬ 
tation made during the sale of mules 
that they were “all right” is a warranty 
of soundness. So, where the represen¬ 
tation was that a horse was sound, 
straight and all right, just such a horse 
as the buy r wanted, this was held to be 
a warranty; and likewise where rep¬ 
resentations as to the age and sound¬ 
ness of a horse were made privately by 
an administrator to one who subse¬ 
quently bought the horse from him at 
auction. If the seller says at the time 
of sale: “I never warrant, but he is 
sound as far as I know,” this is a quali¬ 
fied warranty, and the purchaser may 
maintain an action, if he can show that 
the horse was unsound to the seller’s 
knowledge. So an affirmation that the 
horse was not lame, accompanied by 
the owner’s declaration that he would 
not be afraid to warrant him, was held 
to be a warranty. Where mares were 
described in a catalogue as “in foal to,” 
“stinted to” or “served by” certain 
horses, these expressions were held to 
amount to a warranty. A public state¬ 
ment by a seller of horses at auction 
that all these that were not kind and 
safe to drive single would be specified 
at the time of sale, is a warranty as to 
a horse sold without any specification, 
the buyer relying on the statement. 
The buyer of horses under a written bill 
of sale simply reciting the transfer with 
warranty of title, may recover damages 
for false oral representations of the sel¬ 
ler as to their trotting qualities and - 
pedigree. A warranty that a horse 
partly blind was “all right, except he 
would sometimes shy” was held to be 
substantially a warranty that he was 
“sound.” The seller’s statement that a 
horse was “all right’ was held a war¬ 
ranty that his eyes were sound, and a 
representation that a horse was 14 years 
old was held to be a warranty that he 
was no older. 
On the other hand, the statement in 
a bill of sale that a horse is “considered 
sound” does not amount to a warranty, 
Nor is a statement in a circular that a 
young stallion will “make his mark as 
a foal-getter;” it is merely an expres¬ 
sion of belief as to what may be ex¬ 
pected of him in the future. A state¬ 
ment in a handbill advertising the sale 
of stock that certain animals are “in 
good health and condition” is not a war¬ 
ranty that they are in such condition at 
the time of sale three weeks later. 
When a horse was to be sold at auc¬ 
tion without a warranty, and the sel¬ 
ler on the day before the auction said 
to the purchaser, who was looking at 
the animal’s legs, “You have nothing to 
look for; 1 assure you he is perfectly 
sound in every respect,” and the pur¬ 
chaser replied, “If you say so, I am 
perfectly satisfied,” and on the faith of 
his representation bought the horse, it 
was held that there was no warranty. 
Courts have always considered that 
a man who buys a horse warranted 
sound, must be taken as buying for im¬ 
mediate use, and has a right to expect 
one capable of that use, and of being 
immediately put to any fair work the 
owner chooses. The rule as to unsound¬ 
ness is that, if at the time of the sale 
the horse has any disease which either 
actually does diminish the natural use¬ 
fulness of the animal, so as to make 
him less capable of work of any de¬ 
scription, or which, in its ordinary prog¬ 
ress, will diminish the natural useful¬ 
ness of the animal, or has from disease 
or accident, undergone any alteration 
of structure, calculated to diminish the 
natural usefulness of the horse, such 
a horse is unsound. But in the absence 
of any guarantee or warranty of sound¬ 
ness the rule of Caveat emptor applies, 
and the purchaser has no remedy, 
neither can he return the animal and 
withhold payment of check or note. f. 
HOW MANY EGGS IN A COW? 
Can you Inform me how much money 
can be got out of a bob calf or a Bologna 
cow by slaughtering and feeding to hens 
for egg production, adding value of hide 
to egg product? Cows weighing 750 pounds 
to 1,000 pounds live. e. q. 
Westtown, N. Y. 
Equal to Equal Weight of Corn. 
I am in the market each year from 
November 1 to April 1 for horses or 
cows at $2 each. We dress them the 
same as beeves, feeding the offal to the 
hogs. If the weather is cold, the quar¬ 
ters keep until fed out; if it grows warm 
and the meat is likely to spoil, we feed 
more freely and the last is often turned 
over to the shotes. In cutting for the 
hens we use a steam mill, cutting the 
smaller bones in with the meat. If we 
are short of stock we break up the larg¬ 
er and harder bones with an ax and 
grind all together. When the weather 
is stormy we cut meat ahead, and if it 
freezes hard, break off a piece and let 
the hens keep busy picking at it, it keeps 
them happy as well as busy. We think 
this meat and bone is worth as much per 
pound as dry corn, besides giving a 
necessary element in egg production and 
health and thrift that cannot be got 
from grain alone. i. d. button. 
Suppose that E. G. has 326 hens, 
where fresh Winter eggs are worth 40 
cents per dozen; that his flock is prop¬ 
erly housed, in good condition, but not 
laying. Also that his meat can be kept 
five months. If given two ounces each, 
or 40 pounds per week, 160 pounds per 
month, in five months 800 pounds (the 
average weight of a Bologna cow) will 
have been consumed by the 320 fowls. 
The above conditions are similar to those 
of a flock of 80 birds, experimented with 
this last January. At the end of the 
month they had laid 20 dozen eggs; 320 
fowls at the same rate would yield 80 
aozen. At 40 cents per dozen, |32. Need 
we go further in figures? The flock of 
80 are steadily increasing in egg produc¬ 
tion, and even now, February 15, yield¬ 
ing from 20 to 25 dozen per week. The 
flock is being fed, first, two quarts mixed 
grain thrown in the litter; at noon, the 
house scraps, with beef and bone well 
ground up and mixed in; at night about 
four quarts warm cracked corn. Dur¬ 
ing the coldest weather (temperature 
ranging between 20 and 38 degrees be¬ 
low zero) a light wood fire is built at 
night in their roosting room. Though, 
under the circumstances, exact esti¬ 
mates are impossible to furnish, those 
given should conclusively answer the 
question Inferred, as to whether it pays 
to buy meat for hens and take proper 
care of them during the Winter, even at 
eggs down to 20 cents per dozen. w. 
Oleo Rogues.— F. J. H. Kracke, Assist¬ 
ant Commissioner of Agriculture for the 
district including Greater New York, sends 
the following list of oleo rascals convicted 
during the 10 days ending February 13: 
Louis Snyder, Astoria, $300 or 60 days in 
jail; Thos. Murphy. Jersey City, $200 or 60 
days In jail; Matthew Wahl, Jersey City, 
$200 and 30 days in Jail; Henry Bellman, 
.Jersey City, $200 and 30 days in Jail; C. C. 
Kuhlman, Jersey City, $400 or 90 days in 
Jail; Chas. E. Morris, Jersey City, $200 or 
60 days in Jail. The first named is a 
grocer, and the following five wagon men. 
Shropshires at Auction. 
On account of serious illness In my family, 1 am 
obliged to retire from the farm. In connection with a 
sale of all farm stock and Implements, 1 shall sell at 
auction, on Wednesday, Feb. 27,1901, at 2 o'clock, my 
entire flock of pure br'^d Shropshires, consisting of 
about fifty ewes of different ages In lamb by “ Chief 
Hill” one of the best Imported rams In this country, a 
fine lot of ram and ewe lamhs, and a few yearling 
rams. 
These sheep are all In the very best breedli>g condi¬ 
tion, and will be sold without reserve of any kind, to 
the highest bidder. All are registered. This nock Is 
recognized as being equal to any In the State, and a 
rare opportunity Is offered to secure bargains In 
Shropshires. Intending purchasers will be entertained 
at the Hotel Richmond. Free conveyance to the farm 
Credit of one year on approved interest bearing notes. 
A. W. LAWRENCE, Auctioneer. 
FRANK I) WARD, Batavia, N. Y. 
iillAyny i|A||B GASOLINE ENGINE 
nmill I nlRn worki.w.lktnzb«ui pnmp 
jwsk, grind., .b.11., cnt.tiMd,MMrM«i 
cream, chnr^ cot.bone, etc. Eae; to 
diaconnect and pat on belt. Kngine 
aetnal h , p, Em; to learn, euy 
I to operate, moet economical. Gaeoline 
I .apply tau. Engine and all, on one 
' ban. ^d for oar lllnatrate d catalog. 
^ EB8TER HkSmCTVRIKe CO. 
lO-Jl W. 15th St,, cnilcago, Ill. 
IM. T. office 88 Dey St, N. T. Oty. 
THE MIETZ & WEISS 
Kerosene Engines 
Cheapest and Safest 
Power known. For 
Pumping water, grinding 
corn, separating cream, 
sawing wood, and all power 
purposes. Send for Catalog. 
A. MIETZ, 
128 Mott Street, New York 
CHARTER 
Gasoline Engine 
USED 
Any Place 
By Any One 
For Any Purpose 
StaHonariet, Portables, Enginea 
and Pnmpa, Hoietera 
State your Power Needs. 
Charter Gas Engine Co., Box 26, Sterling, III. 
For Sale Cheap.—Baby Separator No. 2, 
disc bowl type. Mrs. K. H. Taylor, Hilton, O. T. 
CREAM 
SEPARATORS 
The REID Is light running, close 
skimming, simple and durable. 
Bend for Catalogue No. 3. 
A. H. REID, 
80th & Market Sts., Phlla., Pa. 
Save$ 10 perCow 
EVERY YEAR OF USB. 
De Laval Cream Separators 
Prices, $50 to $800. 
“Alpha” and “Baby”styles. Send for Catalogue 
THE DE LAVAL SEPARATOR CO., 
Randolph and Canal Streets, I 74 Cortlandt dtreet, 
CHICAGO. I NEW YORK. 
NATIONAL 
Hand Separator 
You needn’t run the slightest risk 
in buying a separator. Get a Na¬ 
tional Hand Separator and do your 
skimming with it for ten days 
ABSOLUTELY 
WITHOUT COST 
^ You won’t be under 
any obligation what¬ 
ever to buy it. 
Test the National by 
the side of any other 
separator made. Ifyou 
don’t say the National 
Is the best machine 
we’ll take it back cheer¬ 
fully. Write now. 
National Dairy Machine Co. 
Newark, N. J. 
The Improved United States Separator 
Demonstrates its Superiority in Canada 
AS IT DOES EVERYWHERE ELSE 
The following is taken from the report of Mr. L. P. Lacoursiere, Canadian 
Government Butter and Cheese Inspector, who followed the work of the United 
States and DeLaval Separators at a recent test at the Creamery of St. Annes de 
la Parade to determine which make the Officers of the Creamery would buy. 
The report covers two days' work of each machine and shows that the DeLaval 
skiinmilk tests were .lo, .ii, .07, and .08, while the tests of the U. S. skimmilk 
were only .03, .04, .03, .07. 
His summary is as follows : 
DeLaval Separator. 
Milk received 5605 lbs. 
Average temperature 8714 ° 
Average speed '5825 
Total loss of fat 4.02 
Loss per 100 lbs. of fat 1.55 lb. 
Total loss in cash $1.15 
U. S. Separator. 
3952 lbs. 
Spo 
8025 
1.84 
.87 Ib. 
$0.42 
L. P. L.^COURSIERE, 
(Government Butter and Cheese Inspector.) 
Sworn to before me Nov. 21, 1900. 
T. E. Lanonette, r. P. e.x of C. C. Ste. .■\nne. 
Notice. —The DeLaval lost ^ 1.15 in separating 5605 lbs. of milk, or . 20 .'» 
on 1000 lbs., while the U. .S. lost 42 cents in separating 3952 lbs. of milk, or only 
.106 on 1000 lbs.; which shows that the DeLaval lost in actual cash practically 
twice as much as the U. S. 
In other words, a Creamery separating 10,000 lbs. milk daWy-wouMsave in a 
year in butter fat alone by usinff the U. S. Separator $361.35 that would be lost by 
using the DeLaval Separator. 
The President and Directors, after carefully considering the Judges'report, 
decided to purchase a No. 0 Improved U. S. Separator. 
This is only one instance among many where the 
IMPROVED U. S. SEPARATOR HAS PROVED ITSELF 
TO BE A CLEANER SKIMMER THAN THE DeLAVAL. 
For further information and catalogues write the 
VERMONT FARM MACHINE CO., BELLOWS FALLS, VT. 
199. 
