A warranty is a guarantee given by the seller to the buyer that a horse answers the description given of it at the time of sale.
Such a warranty forms no essential part in the sale of a horse, but so risky is it to purchase without one, that in the sale of valuable animals it is rarely dispensed with. No special form of words is necessary to create a warranty, nor need they be in writing, though, to avoid disputes or litigation, it is obviously prudent to obtain a written warranty wherever possible. Mutatis mutandis, a warranty usually runs somewhat as follows:-
" Received of Mr. John Jones of Newborough the sum of fifty guineas for a chestnut mare, warranted quiet to ride and drive. Wm. Brown.
"Peterborough, March 14 th, 19 -----."
Such a warranty need not be, and in fact rarely is, written at the time the warranty is given. All it amounts to is a memorandum of such warranty, reduced to writing at the time the money is paid.
No stamp is required beyond the receipt stamp, and if the warranty be on a piece of paper distinct from the receipt, even this is unnecessary. (Skime v. Elmore, 2 Camp. 407, citing Brown and Try.) Where a written receipt is given, but no mention is made of warranty, such warranty may be proved by parole or oral evidence. (Allen v. Pink, 4 M. v. W. 140.) It should be noted that though the words "warrant" and "sound" constantly occur in warranties, such words are not essential, as already intimated.
In Paisley v. Freeman, 1789 (2 Smith's leading cases), Mr. Justice Buller says: "It was rightly held by Holt, Chief-justice (in Cross v. Gardner, Carthew 90, 1689), and has been uniformly adopted ever since, that an affirmation at the time of a sale is a warranty, provided it appears in evidence to have been so intended ". Whether a warranty is intended or not is a question of fact for the jury.