Page:Halsbury Laws of England v1 1907.pdf/615

 ———

Part





Warranty on Sale of Animals.

V.

393

interpretation, because such warranties are usually printed explained in the conditions of sale {b).

and

p^^^t v.

Warranty

on Sale In many parts of the country cows and other animals are sold with a ^varranty, e.g., that a cow is in calf. What has been said of Anim als, above with regard to warranty of horses applies equally to the Warranty of other animals. warranty of other animals.

853. Fraud renders a contract voidable at the option of the Fraud, party defrauded. On discovery of the fraud the buyer may either return the horse and bring an action for return of the price paid (c), This is so even where the or keep the horse and claim damages. fraud concerns something outside an express warranty thus proof of fraud at the time of the sale, e.g., as to a horse's age, would vitiate the sale though the warranty was only as to soundness and

freedom from vice

An agent

{d).

always an agent to warrant, but when a Warranty sent to sell a horse, slight evidence is sufficient gi^®^ A distinction has generally been to prove an agency to warrant (e). made between the servant of a private seller and that of a horsedealer (/) if the servant or agent of a private individual takes upon himself to warrant, in the absence of authority to do so, the master is not bound, unless the sale be made at a fair or other public market, in which case the servant or agent is more in the position of the servant of a horse-dealer, and has an implied

854.

groom

to sell is not

or servant

is



(6) For precedents of special conditions on sale of horses by auction, see Encyclopaedia of Forms, Yol. XI., p. 578. It is usually provided in such conditions that the following warranties are implied upon sales of horses with specific

words of description Horses described as " Good Hunters," as being sound in wind and eyes, as quiet to ride, as having been hunted, and as capable of being hunted '* Good Hacks," as being sound in wind and eyes, quiet to ride, and not lame " Good Chargers " or " Good School Horses," as being sound in wind and eyes, quiet to ride, quiet with troops, and not lame " Good Brougham Horses," " Good Buggy Horses," " Good Wheelers," " Good Leaders," or " Good Harness Horses," as being sound in wind and eyes, quiet in the harness named, and not lame
 * 'Good Polo Ponies," as being sound in wind and eyes, quiet to ride, and





capable of being played. is also usually provided in the conditions of sale that in the case of horses described as hunters, hacks, chargers, polo ponies, harness horses, brougham horses, buggy horses, leaders, or wheelers, without the use of the word " good," there shall only be an implied warranty that the horses have been so used ; that horses described as "regularly" or "constantly" driven, or ridden, are only warranted as quiet to drive or ride, as the case may be and that horses so sold are expected to be workably sound, and not to have any infirmity or disease that renders them, unfit for reasonable work. It has been held that the description " a clever hack" does not amount to a warranty of soundness (see Dixon's "Law of the Farm " (6th ed.), p. 352). sale " with all faults " and without a warranty relieves the seller from all liability in respect of any disease or defect in the animal {Ward v. Hohbs (1878), 4 App. It



A

Oas. 13). (c)

Compare Kennedy Steward

Panama

(/) Bradij (1813), 1

V.

Dow,

Todd

Mail

Co. (1867), L, R. 2 Q. B. 580, 587. P. 23. B (n". s.) 834. Bank of Scotland v. Watson (1861), 9 0. B. (n. s.) 592 v.

etc.

v. Corsvelt (1823), 1 C. (e) Miller v. Laivton (1864), 15 C. {d)

40, at p. 45

&





compare Helyear

v.

Haivke (1803), 5 Esp.

72.