Advice to purchasers of horses : being a short and familiar treatise on the exterior conformation of the horse, the nature of soundness and unsoundness, the laws relating to sale and warranty, with copious directions for discovering unsoundnesses prior to purchasing / by J. Stewart.

  • Stewart, J., veterinary surgeon.
Date:
1834
Catalogue details

Licence: Public Domain Mark

Credit: Advice to purchasers of horses : being a short and familiar treatise on the exterior conformation of the horse, the nature of soundness and unsoundness, the laws relating to sale and warranty, with copious directions for discovering unsoundnesses prior to purchasing / by J. Stewart. Source: Wellcome Collection.

Provider: This material has been provided by The University of Glasgow Library. The original may be consulted at The University of Glasgow Library.

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    dition be introduced into the warranty, that the horse, if objected to as unsound, shall be returned within a limited time, no action can be main- tained for the unsoundness without the strict performance of this condition. So where the warranty was qualified by the vender by an undertaking to take back the horse, if, on trial, he should be found to have any of the defects mentioned in the warranty, it was held, that the buyer must return the horse immediately on the discovery of them. When the contract is re- scinded by the buyer on account of the warranty being broken, the seller has a right to require that the horse shall be returned in as good condition as he was when the defect wias dis- after discovering its defects, and when he returns it, it is in a worse state than it would have been if returned immediately after such discovery, the party can have no defence to an action for the price of the article, on the ground of non-compliance with the warranty, but must be left to his action on the warranty to recover the difference in the value of the article warranted, and its actual value when sold.' His Lordship directed to find for the price of the horse, if they thought that by such blistering and doctoring the animal was not dimin- ished in value to a future purchaser; and they found according]} .