A  tendency  in  a  horse  to  shy,  produced  by  natural  malformation  of  the  eye,
is  a  breach  of  the  warranty  of  soundness.    Holliday  v.  Morgan,  cii.  I ;  1  E.  &  E.  1.
A  vendor,  selling  upon  buyer's  inspection,  and  with  a  disclaimer  of  responsi-
bility for  quality,  must  nevertheless  furnish  an  article  which,  in  commercial  lan-
guage, comes  within  the  description  of  the  thing  sold.  Josling  v.  Kingsford,  cvi.
447;  13  C.  B.  N.  S.  447..
Mere  matter  oT  description  as  of  particular  quality,  not  a  warranty.  Hopkins
v.  Hitchcock,  cviiL  65 ;   14  C.  B.  N.  S.  65.
Servant  has  no  implied  authority  to  warrant  a  horse  on  sale  for  master.  Miller
v.  Lawton,  cix.  834 ;   15  C.  B.  N.  S.  834.
But  admissions  in  letters  by  master  are  evidence  of  authority.     Ibid.
In  a  warranty  of  soap  frames,  that  they  shall  be  new  frames,  with  all  nuts  and
bolts  complete  and  perfect,  they  must  be  fit  for  the  purpose  for  which  they  were
made.    Mallan  v.  Radloff,  cxii.  588  ;  17  C.  B.  N.  S.  588.
In  a  sale  of  goods  in  a  shop,  there  is  an  implied  warranty  of  title.  Eichholz
i>.  Bannister,  cxii.  708  ;  17  C.  B.  N.  S.  708.
Where,  prior  to  the  purchase  of  a  horse,  the  defendant  said  to  the  plaintiff
that  the  horse  was  a  good  harness  horse,  and  was  sold  by  Baron  R.  because  he
could  not  match  him,  it  was  properly  left  to  the  jury  whether  it  was  a  warranty.
Percival  v.  Oldacre,  cxiv.  398  ;  IB  C.  B.  N.  S.  398.
XV.  Sale  by  sample.
