414 
CH. PEABODY. 
The defendant claimed that there was no warranty given ; 
merely an expression on his part, as far as he knew, that the 
horse was sound and had never been lame. 
The doctor had worked this horse ever since he had owned him, 
December 29th, 1881. 
The jury gave the plaintiff seventy-five dollars and costs of 
the Court. 
CHARGE TO THE JURY BY HIS HONOR, JUDGE STINES. 
Gentlemen of the Jury :—The plaintiff in this case sues for 
and upon a promissory note. There is no dispute between the 
parties that the note was executed, and it is produced, and that 
proves all the plaintiff is required to show upon his side of the 
case. 
The defendants, however, claim that /notwithstanding this 
note, they are not liable to pay, at least the full amount of the 
note, because it was one given in part payment for a horse that 
they bought of the plaintiff; that the plaintiff gave them a war¬ 
ranty as to the soundness of the horse, and that warranty having 
failed, they are entitled to have the price of the horse reduced on 
that account. 
When a person undertakes to sell a thing to another, and, as 
a part of the contract, asserts a fact with reference to that prop¬ 
erty which is the subject of that contract, that is termed in law a 
warranty. It is not necessary that a person should use the term, 
u warrant.” It is not necessary that he should say, “ I warrant 
this to be thus and so.” But if one is asked, with reference to a 
horse, for instance, “ Is he sound ? ” and he replies, “ He is,” that 
is a warranty. If he is asked, “ Is he sound ? ” and he replies, 
u He is, as far as I know,” and the owner knows that there is an 
unsoundness about him, that is the same thing. In this case, the 
defendants assert that there was an absolute and express warranty 
of the horse, by reason of the unqualified statement of plaintiff 
that the horse was sound. The plaintiff says that he was inquired 
of, with reference to this horse, as tef its being sound. “ They 
asked me if the horse was sound; I told them the horse was 
sound, so far as I knew anything about him.” And then, in 
another answer, he says that he knew no out about him. Now, 
