Page:Halsbury Laws of England v1 1907.pdf/612

 Animals.

390 Paet v. Warranty on Sale of Animals. Extent of warranty.

whether the statement was part of the contract of sale (7-). Thus, a statement " You may depend upon it that the horse is perfectly quiet and free from vice " is a sufficient warranty, although the word " warrant " is not used (s). If the word warrant " is used, the warranty extends only to so much as is governed by that word. Thus, " a black horse rising five years, quiet to ride and drive and warranted sound " is not a warranty that the horse is quiet to ride and drive (i). If the word "warranted " is used alone, it is taken to refer to soundness only, and not to a preceding description, as where a horse was described as a black gelding, five years old, has been constantly driven in the plough, warranted" {u). The warranty may be limited in any way (z?), but if a horse is warranted "sound and quiet in all respects," that is general, and includes being quiet in harness (w), A horse is most commonly warranted as to soundness and freedom from vice but any quality may be warranted, such as its age (x), or that it has been hunted with a certain pack of hounds (?/),

from price taken.

mare

is in foal to a certain horse {z) that a sound price, i.e., a good or fair price for a sound animal, is given for the animal does not amount to a warranty that the animal is sound {a)

or that a

No warranty

The

.

fact

.

What amounts to unsoundness.

848. If at the time of the sale the horse has any disease or defect which actually diminishes, or in its ordinary progress will diminish, the natural usefulness of the animal, it is not sound (h). A congenital defect, such as convexity of the cornea of the eye, which causes short-sightedness and induces the habit of shying, is unsoundness (c). The slightness of the disease, or the ease with which it is cured, may affect the amount of damages, but does not afi'ect

the principle, unless

amount

to

unsoundness at

it

is

all (d).

of so trifling a character as not to

A

cough

{e),

and temporary lameThe

ness (/), have, therefore, both been held to be unsoundness. question of soundness or unsoundness is one for the jury (g).

Ward (1825), 2 C. & P. 211 Hopkins v. Tanqueraij (1854), 23 162 Wood v. Smith (1829), 5 Man. & E. (k. b.) 124; Fercival v. Oldacre (1865), 18 C. B. (n. s.) 398. (s) Cave V. Coleman (1828), 3 Man. & E. (it. B.) 2, pe?- Lord Tenterden, C.J. {t) J^nthomj V. Halstead (1877), 37 L. T. 433; Btidd v. Fairmaner (1831), 8 Bing. 48. (m) Richardson v. Brown (1823), 1 Bing. 344. {v) Jones V. Coiuley (1825), 4 B. & C. 445 ; Hemming v. Parry (1834), 6 C. & P. 580. {tu) Smith V. Parsons (1837), 8 C. & P. 199. (r)

L. J.

Salmon (c.

v.



P.)



-

{x) (y) (z)

(a) {h)

Parushaiv (1788), 2 Term Eep. 745. Head v. Tatter sail (1871), L. E. 7 Exch. 7. Gee V. Lucas (1867), 16 L. T. 357. Parkinson v. Lee (1802), 2 East, 314, 322. See per Parke, B., in Coates v. Stephens (1838), 2 Mood.

Buchanan

v.

(c)

&

E.

v.

supra. Coates v. Stephens, su'pra ; IShillitoe v. Claridge (1816), 2 Chitty, 425. (/) Elton V. Brogden (1815), 4 Camp. 281. Eor the various diseases, defects, ((/) Leiuis V. Pea^e (1816), 7 Taunt. 153. {d)

157.

Burnard (1842), 9 M. & W. 668. Holyday v. Morgan (1858), 28 L. J. (Q. B.) 9. Compare jper Parke, B., in I^iddell v. Burnard,

Compare Kiddell

(e)

and