The laws relating to horses [by H. Jeremy].

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Page 13 - ... 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...
Page 45 - ... or lending gratis, the borrower is bound to the strictest care and diligence to keep the goods, so as to restore them back again to the lender ; because the bailee has a benefit by the use of them, so as if the bailee be guilty of the least neglect he will be answerable : as, if a man should lend another a horse to go westward, or for a month; if the bailee go northward, or keep the horse above a month...
Page 35 - 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 8 - If the servant is sent with the horse by his master, and which horse is offered for sale, and gives the direction respecting his sale, I think he thereby becomes the accredited agent of his master, and what he has said at the time of the sale, as part of the transaction of selling, respecting the horse, is evidence ; but an acknowledgment to that effect, made at another time, is not so : it must be confined to the time of actual sale, when he was acting for his master.
Page 12 - June no contract for the sale of any goods, wares, or merchandise, 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 same bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.
Page 19 - Anderson) held, that for this cause it was error: for the bare affirmation that it was a bezarstone, without warranting it to be so, is no cause of action: and although he knew it to be no bezar-stone, it is not material; for every one in selling his wares will affirm that his wares are good, or the horse which he sells is sound; yet if he does not warrant them to be so, it is no cause of action, and the warranty ought to be made at the same time of the sale; as FNB 94, c.
Page 33 - ... remedy for the redress of the injury that has been done him : but where false weights and measures are used, or false tokens produced, or such methods taken to cheat and deceive, as people cannot, by any ordinary care or prudence be guarded against, there it is an offence indictable.
Page 35 - ... pleased, keep the horse and bring an action on the warranty, in which he would have a right to recover the difference between the value of a sound horse and one with such defects as existed at the time of the warranty ; or he might return the horse and bring an action to recover the full money paid ; but in the latter case, the seller had a right to expect that the horse should be returned in the same state he was when sold, and not by any means diminished in value...
Page 39 - For, per curiam, supposing this traveler was a robber and had stolen this horse, yet if he comes to an inn and is a guest there, and delivers the horse to the innkeeper (who does not know it), the innkeeper is obliged to accept the horse; and then it is very reasonable that he shall have a remedy for payment, which is by retainer. And he is not obliged to consider who is the owner of the horse, but whether he who brings him is his guest or not.
Page 47 - Jewifo lawgiver emphatically makes, by faying, " if it be an hired thing, it came for its hire f," remains eftablifhed by the concurrent wifdom of nations in all ages. If Cains therefore hire a horfe, he is bound to ride it as moderately and treat it as carefully, as any man of common discretion would ride and treat his own...

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