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JURISPRUDENCE. 
itself. A warranty may also be general or qualified ; as: “Re¬ 
ceived from A. B. $150 for a bay gelding, six years old, warran¬ 
ted sound,” is a general warranty and makes the seller liable for 
all faults known and unknown to him; or, “Received from A. B. 
$150 for a grey mare sound except a curb on left hock”—this 
is a qualified warranty, and the seller accepts the risk of the curb 
mentioned specially. 
“No particular words are necessary to constitute a warrant, and 
it is not necessary to say ‘ I warrant;’ it is sufficient if he says 
the article is of a particular quality, or is fit for a particular pur¬ 
pose. The general rule laid down by Mr. Justice Bayley is, that 
whatever the vender represents at the time of sale is a warranty. 
Therefore, if a person at the sale says, ‘ You may depend upon it, the 
horse is free from vice,’ it is a warranty. There was at one time 
a general opinion that a sound price given for a horse was tanta¬ 
mount to a warranty of soundness, but Lord Mansfield considered 
the doctrine to be so loose and unsatisfactory, that he rejected it 
and laid down the following rule: There must either be an express 
warranty of soundness, or fraud in the seller, to maintain an action. 
(Oliphant 114). With regard to the length of time a warranty 
shall extend, there does not appear to be any rule on the subject. 
It is distinctly laid down, however, by Lord Longborough on Ful- 
der & Starkin, that no length of time elapsed after a sale will 
alter the nature of a contract originally false. It is also laid 
down by the late Lord Chancellor Eldon, when Chief Justice of the 
Court of Common Pleas, in the case of Curtis & Hannay, that if 
a person purchases a horse which is warranted and it afterwards 
turns out that the horse was unsound at the time of the warranty, 
the buyer may, if he pleases, keep the horse and bring an action 
on the warranty, in which lie will have a right to recover the 
difference between the value of a sound horse and one with such 
defects as existed at the time of warranty, in which he may take 
an action to recover the full money paid.” (Nimrod). 
Blackstone says, “ A warranty can only reach to things in being 
at the time of the warranty, and not to things in future; as a 
horse is sound at the time of buying him, not that he will be 
sound two years hence.” I find the following legal facts corn - 
