JURISPRUDENCE 
79 
has not discovered the truth in the meantime. On the other 
hand, a seller is liable, if any part of the warranty turn out to 
be untrue, whether he knew of the defect or not, or even if he 
had no means of knowing. If a man choose to warrant quiet in 
harness a horse he has never driven, he must take the conse¬ 
quences of his own imprudence. It is at times difficult to dis¬ 
tinguish warranty from representation. The rule of law is that 
every affirmation at the time of sale is a warranty, if it appears 
to have been so intended; but in the cases we have noticed this 
intention has been plainly omitted. And if he sells on the same 
representation as he received, he is not liable, provided, of 
course, he has not discovered the truth in the meantime. On the 
other hand, if any part of a warranty turns out to be false, the 
liors»is returnable to the vendor .”—The Field. 
In a new country like this, where horses are so frequently 
changing hands, and where, I am sorry to say, dishonest prac¬ 
tices and tricks of the trade are nearly as well known as in older 
and more pretentious countries, we as members of that pro¬ 
fession who must act as the go-between, for evident reason re¬ 
quire to have an intelligent knowledge of the law of sale and 
warranty. By such knowledge we will very often have it in our 
power to settle difficulties which otherwise would lead to 
troublesome and expensive lawsuits—for, as has been truthfully 
remarked, “ Lawsuits originate less frequently in the positive dis¬ 
honesty and bad faith of the litigants than in their gross miscon¬ 
ception of each other’s rights and liabilities.” The cumbersome, 
tedious, and expensive legal processes which clog the machinery in 
all horse cases in this country are a disgrace to this advanced age, 
and in the majority of cases, a person would be far better off to 
put up with the loss incurred by the fraud, than spend time and 
money in a vexatious and uncertain litigation—nor is the working 
of the law of warranty in England much better. Thus in “ Syd¬ 
ney’s Book of the Horse,” Col. Kingscote, C.B.M.P., Equerry 
to H.B.H. the Prince of Wales, who has the management of 
H.B.H.’s studs, is reported to have said that “ the working of the 
English law of warranty very much discouraged horse-breeding 
among plain farmers; ” for instance, he says, “ A man buys sev- 
