A warranty of soundness, oil the sale of a horse, is broken by a malformation, existing from the birth of the horse, which, at the time of the sale, renders the horse less fit for reasonable use. – As an extraordinary convexity of the cornea of the eye, producing shortsightedness, in consequence of which the horse is liable to shy. – Such a defect in the eye is not so patent a defect that a purchaser with express warranty is bound to notice it.
Citations:
[1858] EngR 1066, (1858) 1 El and El 1, (1858) 120 ER 808
Links:
Jurisdiction:
England and Wales
Contract, Animals
Updated: 15 May 2022; Ref: scu.289537