The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-04-02
FACTS FOR FARMERS.
MISCELLANEOUS INFORMATION OF A
VALUABLE SORT.
The Dairy, the Pen, the Garden and the
Farm-Hints AS To Management
Suggestions to Southern Farm
ers--Seasonable Advice.
turist


Edmund p Kendrick, In the American Agrlcul-
There is legal maxim often heard in
the courts which says: "Let the buyer
beware" The meaning is that when a
man purchases horse, COW or any other
article OF personal property, he must look
out for himself. II farmer buys a horse
and makes no inquiries as to its soundness
or quietness, and the seller makes no
statements in regard to these qualities,
and the animal turns out TO be stone
blind, or to be such an inveterate kicker
that he is practically useless the pur-
chaser must stand the loss, and cannot fall
back on the seller for damages. The buyer
should beware before purchasing. This
rule OF 'let the buyer beware" applies to
every sale OF personal property, unless
there has been either an express warranty,
or an implied warranty, or unless there has
been fraud, or unless false representations
have been made by the seller as an induce
ment to the sale.
In order for a seller to bind himself by
an express warranty, il is not necessary
for him to use the word warrant or any
particular form Of expression. An affirm
alton made at the time of the sale is
warranty provided it Is so intended. II
the vendor says, "Ihs horse is sound"
1t is warranty OF soundness. When he
states that the animal Is free from vice, it
us a warranty OF freedom from vice. In
case where the seller said, 81 will not
I..A 4. 4
know" the court held il to amount to
warranty that he did not know the ami
NAL to be unsound. II may be inferred
that horse Is warranted sound il the
seller says he is ''all right" II is not
necessary that the warranty should be in
writing. A statement OF fact constituting
n warranty is to be distinguished from
lnere expression OF opinion. When
the vendor states an opinion or his judg-
ment on a matter Of which he has no
special knowledge, and on which the
buyer himself may also be expected 10
have an opinion, IL is not a warranty, but
II lac assumes TO assert fnct concerning
the property under consideration OF which
the buyer is ignorant, such an assertion is
warranty. In order 10 make a warranty
binding il must be made at The time Of
The sale, or pending the negoiia-
lions, so that il may be considered
rs Que OF the inducements Of the trade. II
1iadc before the negotiations have COM
nenced in any way, or II after the bargain
completed aud the animal sold, the
Icler says ho warrants him 10 be sound,
10 action can b. brought on il, rs there
Sns no consideration for the statement A
promise or agreement without some con-
adcration is not binding. Where an ex-
Dress warranty is made in writing as TO
my particular quality. or against any par.
ocular defect, the law supposes that the
whole warranty Is included In the writ
ny, and evidence is excluded OF any
Ither. Thus, II q man gives "a writing
Sarraning horse or COW To DO s1und
violence cannot be introduced 10 show
hat hc also warranted IL 90 be kind,
,enile or free from vice. IL is held that a
general warranty does not cover patent or
obvious defects nor defects which are app
parent on simple inspection, requiring no
tkill 20 discover them, unless some artifce
vas used 10 conceal such defects, nor dc.
ecls which are known to the purchaser at
he time OF sale. They are supposed TO
--,lave been taken into consideration at the
line the price was agreed on. OF course
lac seller may make such a warranty, II
&c 50 desires.
AhAlt " bINiuAtlN Nn lilNlltl warranty
4 quality. The expression which one
lten hears that "a sound price means a
ound horse" IN not generally held 10 be
Yod in law; South Carolina and louisiana
,re the Onl, States in which II has been 70
lccidcd. When an animal is sold by dc.
rriptOn OF ordered for q particular pur-
Dose, aud particular animal Is not Sc
ectcd by the buyer. aud no opportunity is
Eiven fer inspection, there II an implied
warranty that IL shall correspond with the
description and be lifted for the purpose
or which II was ordered. For example,
ia man orders a saddle horse for his child
O ride, aud the person TO whom the or,ler
given delivers n hone OF ugly DISPOSE
ion. never broken 10 the saddle the pur.
'haser would have a good cause OF action
or breach Of an implied warranty that the
1orse was q saddle horse aud suitable Tor a
shild TO ride. The principal implied war
ranty is that OF title. The law in regard to
this, in n few words, Is ~ follows ~ silcs
OF personal property 10y a person In posses
sion, aud under such circumstances that
le appears TO be- the owner there is an im.
Piled warranty that the property is his.
! and II the purchaser loses thu property by
the true owner taking il fom him ho can
recover The price paid IN q suit on tire i'm.
piled warranty Of title. This IA 10 whether
be- knew the defect In his tito or not. aud
whether OF not he stated that the properly
was his
What constitutes an unsOund horse. or
other animal? Perhaps the b,st deini.
zion IL that given 10y an English judge. a
= good many years ago and which las been
often quoted In the courts since: I'll nt the
time OF the sale the horse has any disease
which either does diminish thu natural
usefulness OF the animal ~ ~ 90 make
him lees capable Ol work Of any dcscrip-
ton, or which In To ordinary progress will
diminish the natural usefulness oi the an-
imal, or II the horse has either from dis
ease or accident undergone any altcFa-
ton oi structure that either actually does
~ the time, or In iis ordinary ELECTS will,
diminish tho natural usefulness Oi the
hor-c, such horse is unsOund.' II Is held
by the English courts, aud generally IN
this country, that warranty OF sound
ness u broken II the animal lad any in.
FIRMLY which rendered him lcis az for
present service; that u Is not necessary
that the disorder should be permanent or
incumblo. la Massachusetts, however,
the Supreme Court has said that lame.
ncss, II only accidental anu temporary
would not bo a breach OF warranty, aud IL
IL probably the law that temporary aud
durable trouble, although exiting at tho
time Of sale II Il does not injurc the ami.
NAL Tor present service, II not an unsound-
ness. From what las been faid above Il