. The adventures of a gentleman in search of a horse. Horses. III h, « 172 THB ADVENTURES OP A GENTLEMAN, ETC. lege ; and this is all that is wanted. I may also ob- serve that actual deception on any material point, in- validates a contract altogether. Thus to sell a horse that has lost the mark, under a false representation of his age, or to sell a second-hand carriage, as one that has just left the coach-maker's loft, is fraudu- lent, and no action can be maintained for the price; or should the price have been paid, it may be re- covered back. Dealers ought to be better aware of this princip
. The adventures of a gentleman in search of a horse. Horses. III h, « 172 THB ADVENTURES OP A GENTLEMAN, ETC. lege ; and this is all that is wanted. I may also ob- serve that actual deception on any material point, in- validates a contract altogether. Thus to sell a horse that has lost the mark, under a false representation of his age, or to sell a second-hand carriage, as one that has just left the coach-maker's loft, is fraudu- lent, and no action can be maintained for the price; or should the price have been paid, it may be re- covered back. Dealers ought to be better aware of this principle of law, than for the most part they appear to be. No legal contract can be founded upon fraud, and wilful deception amounts in law to fraud. The maxim, of Caveat emptor, which I have chosen for my title, cannot safely be pushed too far ; but on these and similar points I will refer my reader to the subsequent pages for more satisfactory CHAPTER XI. I HAVE written to little purpose, if my reader should ever require advice to guide him in reference to his warranty; but my work would be incomplete without it, and with it he may save himself many a six-and-eightpence, if he is after all so unfortunate as to be taken in. Every man I believe is pleased with a new horse for the first four-and-twenty hours, on the same prin- ciple that every child is pleased with a new toy: and like the child who throws away the toy the moment it faiU to answer expectation, the buyer believes his pnrchase to be worthless, the instant he detects a fault. This is a serious mistake. There is not one horse in a hundred that is in every sense sound. There is an important distinction between soundness, in its legal sense, and in its popular acceptation. A lawyer will tell you that every horse is sound that is 11. Please note that these images are extracted from scanned page images that may have been digitally enhanced for readability - coloration and appearance of these illustrations may no
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Keywords: ., bookcentury1800, bookdecade1850, bookpublisher, booksubjecthorses
