How have the courts interpreted warranty provisions in a horse sale contract?

McIntyre J. found that, even if the growth was present at the time of sale, the defendant was unaware of it. He also found that the only express warranty given by the defendant was that the horse was a good-roping horse – which warranty was borne out by the evidence. As for an implied warranty, McIntyre J. relied on Bastedo, and found that no such warranty could exist. In this respect, he said the following at para. 26: 26 …. In order for the plaintiff to rescind the contract and receive his money back on the ground of a breach of warranty of soundness, the plaintiff must prove that the defendant gave him a warranty as to soundness of the horse “Rocky” at the time of the sale on the 24th day of March 1983, and I am not satisfied on a balance of probabilities or on a preponderance of evidence that the defendant gave the plaintiff such a warranty. There can be no implied warranty of soundness on the sale of a horse - (Bastedo v. Young supra) and it is not the custom of the trade to give such a warranty. Analysis