The Horseman's Manual: Being a Treatise on Soundness, the Law of Warranty, and Generally on the Laws Relating to Horses (Google eBook)

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W.R.H. Treadway, 1832 - Horses - 132 pages
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Page 2 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or that some note or memorandum in writing of the said bargain, be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.
Page 62 - I think 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 value when sold...
Page 87 - ... of the establishment; the amount received for the horse shall be immediately paid back; but if the veterinary surgeon of the establishment should not confirm the certificate, then, in order to .avoid further dispute, one of the veterinary surgeons of the College shall be called in, and his decision- shall be final; and the expense of such umpire shall be borne by the party in error.
Page 60 - ... to have been at that time unsound, it is not necessary that he should be returned to the seller. No length of time elapsed after the sale, will alter the nature of a contract originally false. Neither is notice necessary to be given. Though the not giving notice will be a strong presumption against the buyer, that the horse at the time of the sale had not the defect complained of, and will make the proof on his part much more difficult.
Page 61 - NPC 83, is reported to have said, that " he took it to be clear law, that if a person purchases a horse which is warranted sound, and it afterwards turns out that the horse was unsound at the time of the warranty, the buyer might, if he pleased, keep the horse and bring an action on the warranty, in which he...
Page 32 - October, the hull produced only 10/. Patteson J. left it to the jury to say whether, at the time of the sale to the plaintiff, the vessel was or was not a ship, or a mere bundle of timber, and the jury found she was not a ship. On a rule to set aside the verdict, which was thereupon given for the plaintiff, Parke B.
Page 122 - The grand object of this institution has been, and is, to form a school of veterinary science, in which the anatomical structure of quadrupeds of all kinds, horses, cattle, sheep, dogs, &c. the diseases to which they are subject, and the remedies proper to be applied, might be investigated and regularly taught...
Page 34 - ... character. That horses previously lame from the pain of such a disease, would, when nerved, frequently go free from lameness, and continue so for years; that the operation had been found successful in cavalry regiments, and horses so operated on had been for years employed in active service.
Page 68 - It is now most usual, on the sale of horses, to require a warranty, and the agent who is employed to sell, when he warrants the horse, may fairly be presumed to be acting within the scope of his authority. This is the common and usual method in which the business is done...
Page 80 - TATTEBSALL, the owner, or any one acting as agent for the owner of such horses, carriages, &c., shall pay the usual commission; and no person shall have a right to take away his horses, carriages, &c., until the commission, keep, and other expenses are paid, whether the same have been sold by public auction, or private contract, or are not sold. 11. All horses, carriages, &c., advertised by Messrs. TATTERSALL (though not upon the premises at the time of sale, either by private contract or public...

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