25. No liability under warranty for patent defects.

A warranty1 is not intended to guard against defects which are obvious to the senses2. It has been said that if a man guarantees that a horse has two eyes he is not liable if it has not, for the buyer could have an examination before he bought3; but it is otherwise if the eye had some defect which is congenital, or which could not be ascertained by an ordinary man4. Whether a defect is patent or not, or the purchaser has used ordinary care, are questions of fact. A splint may or may not cause lameness, and a