Page:Halsbury Laws of England v1 1907.pdf/614

.

Animals.

392 Part Y. Warranty on Sale of Animals. Notice to seller.

for a reasonable time

him

tendered to

(q)



though he

is

not so liable

horse.

it

is

not

The buyer should give notice to the seller as soon as possible any alleged breach of warranty, although this is not absolutely If there is no time limit in the contract within which necessary (s) complaint must be made, the buyer is not prejudiced by anything of

.

done by him before he discovers the defects Keturn of

if

{r).

{t).

852. If the buyer has reserved a right to return the horse within a specified time, he may return it at any time within such period, and is not bound to do so the moment he discovers the defects so that if injury happens to the horse while in his possession, and without his fault, he is not liable for this and may still return the horse within the period (u) and if the horse under such circumstances becomes injured so that it cannot be returned within the specified time, the non-return by the buyer within the period stipulated will not bar an action for breach of the warranty {v) If the horse is sold upon a condition that it may be returned within a specified period in case of unsuitability or for any other reason, and the horse dies within the specified period without any default of the buyer, the loss falls on the seller there being no completed sale in the proper sense until the buyer has given approval expressly, or by implication from his keeping the horse beyond the specified period (iv). It is a usual condition in warranties, especially in those at sales by auction, that complaint be made or the horse returned within a specified time if this condition is not complied with no action can be brought on the warranty (x). A condition that a warranty of soundness shall remain in force until noon of the day after the sale, when it will be deemed to have been performed and the responsibility of the seller will terminate, unless in the meantime a notice to the contrary and a certificate of any alleged unsoundness be given, is reasonable (?/) and if painted up, or otherwise brought to the buyer's notice, is binding upon him (z). Distinct statements of fact printed in an auctioneer's catalogue, if such as to confer additional value on the horse sold, amount to warranties (a). They do not generally involve much difficulty of





Time limited for duration of warranty.



,

Warranties at auctions.

Chesterman

(q)

Ey.

& M.

v.

Lamh

(1834), 2 A.

&

E. 129



McKenzie

CasiueU v. Coare (1809), 1 Taunt. 566. See Fielder v. SfarJcin (1788), 1 Hy. Bl. 17. Best V. Osborn (1825), 2 0. & P. 74. Heady. Tattersall (1871), L. E. 7 Excli. 7. Chapman v. Withers (1888), 20 Q. B. B. 824;

(r) (s) {t)

(u) {v)

v.

Hancock

(1826),

436.

and see also Taylor

v.

&

Caldiuell (1863), 3B. S. 826. {iv) Mphick V. Barnes (1880), 5 C. P. {x)

D. 321. Barwick (1880), 5 Ex. D. 177 Smart v. Hyde (1841), 8 Mesnard v. Aldridge (1801), 3 Esp. 271 Head v. Tattersall,

Hinchcliffe v.

M. & W. 723







supra.

Smart v. Hyde, supra. Byiuater v. Richardson (1834), 1 A. & E. 508. (a) Fer Kelly, C.B., Gee v. Lucas (1867), 16 L. T. 357, at p. 358. See generally as to sales by auction, titles Auction and Auctioneers Sale of y) z)



Goods.