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Animals.

888

Part IV. the land {u), except in the case of a temporary agistment on the Contract of road to or at a fair or market (x) which is a consequence arising Agistment, out of the necessity for their refreshment, and is an instance of a privilege arising as accessory to another privilege (y) Animals In the case of an agricultural holding there is a statutory exempagisted on ^{qj^ i[yQ stock taken in by a tenant of an agricultural holding (z) fed to be at a fair price, may not be distrained by the landlord for hoidint^.^^^ rent where there is other sufficient distress to be found and if they are distrained by reason of there being no other sufficient distress, the landlord can only recover by such distress rent up to the price of the feeding which remains unpaid, subject to the right of the owner to redeem the stock by paying such price to the distrainor; so long as any portion of the live stock remains on the holding the right to distrain extends to the full extent of the unpaid price of feeding the whole of them (a). The "fair price " need not agisted necessarily be money. Cows on the terms of " milk for meat " a very common form of contract by which the farmer takes the milk of the cows, instead of a money payment, in return for their feed are ''taken into be fed at a fair price" within the meaning of this provision, and are entitled to the partial exemption (b) ; but live stock taken in under a contract for the letting of the herbage or grazing of land are not protected by the above provision (c).

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—

—

Part. No

implied

warranty of quality.

V.

— Warranty

on Sale of Animals.

845. Domestic animals are goods and chattels, and the ordinary law as to the sale of goods (d) applies to them. The purchase of a horse is essentially a purchase of an unknown quantity, for no prudence can guard against all latent defects {e) and although upon a sale there is an implied warranty of the right of the vendor to sell, and although if a horse is sold for a particular purpose made known to the seller, there is an implied warranty that it is reasonably fit for that purpose (/), yet there is no implied warranty

that agisted animals are delivered to the agister in the regular way of his trade {per Mellou, J., in 3Iiles v. Furber (1873), L. E. 8 Q. B. 77, at p. 83). (u) Co. Litt. 47 a. 2 Saund. 290, n. 7 Nugent v. Kirivan (1838), 1 Jebb & Symes, 97. Per Alderson, B., in MmprattY. Gregory (1836), 1 M. &V^. 633, at p. 647. (z) That is, a holding either wholly agricultural or wholly pastoral, or in part agricultural and as to the residue pastoral, or in whole or in part cultivated as a market garden (Agricultural Holdings Act, 1883 (46 & 47 Yict. c. 61), s. 54). But holdings let to a tenant during any office, appointment or employment held under the landlord are excluded {ibid.). See title Agriculture, p. 239, ante. (a) Agricultural Holdings Act, 1883 (46 & 47 Yict. c. 61), s. 45. (b) London and Yorkshire Bank v. Belton (1885), 15 Q. B. D. 457. Compare Burt v. ifoore (1793), (c) Masters v. Green (1888), 20 Q. B. D. 807. 5 Term Eep. 329. For precedents of milk and meat contracts and for agistment and letting of herbage, see Encyclopaedia of Forms and Precedents, Vol. I., pp. 425 et seq. {d) Edwards v. Pearson (1890), 6 T. L. E. 220; see title Sale of Goods. (e) Compare per Best, C.J., in Jones v. Bright (1829), 5 Bing. 533, at p. 544. Chanter v. Ho])kins -(/) Sale of Goods Act, 1893 (56 & 57 Yict. c. 71), s. 14 (x)



[y)



(1838), 8 L. J. (EX.) 14, per

Parke, B.