Mesnard v Aldridge
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1799 |
| Date | 01 January 1799 |
| Court | High Court |
English Reports Citation: 170 E.R. 612
IN THE COURTS OF KING'S BENCH AND COMMON PLEAS.
Feb. 21. mesnard v. aldridge. (The conditions of the sale by auction, printed and pasted up under the auctioneer's box, where he declares that the conditions are as usual, is sufficient notice to purchasers of the conditions.) This was an action on the case, on the warranty of a horse. The horse was sold by the defendant, by auction, at his repository, and warranted sound. The sale took place on the Wednesday. At the time of the sale, the auctioneer announced that the conditions of the sale were as usual. These conditions of sale were proved to be contained m a printed paper, pasted up under the auctioneer's box ; and by one of them, all horses purchased there, in case of any unsoundness discovered, are required to be returned before the evening of the second day after the sale. The horse in question was not returned till the Saturday. When returned by the plaintiff, he was informed that it was too late, as he ought, pursuant to the conditions of the sale, to be returned on the evening of Friday Erskine, for the plaintiff, contended, That there was no evi-[272]-dence of notice of the conditions of the sale, sufficient to bind him That the auctioneer had not proclaimed them publicly ; so that the plaintiff might have been ignorant that he purchased under such conditions. But, *t all events, he contended, That if the defendant, who was not the owner of the horse, had not paid over the price (which if he had, he admitted he would not have been liable) that he remained subject to this action, on the warranty. 3...
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