172 THE ADVENTURES OF A GENTLEMAN, ETC. 



lege ; and this is all that is wanted. I may also ob- 

 serve that actual deception on any material point, in- 

 validates a contract altogether. Thus to sell a horse 

 that has lost the mark, under a false representation 

 of his age, or to sell a second-hand carriage, as one 

 that has just left the coach-maker's loft, is fraudu- 

 lent, and no action can be maintained for the price ; 

 or should the price have been paid, it may be re- 

 covered back. Dealers ought to be better aware of 

 this principle of law, than for the most part they 

 appear to be. No legal contract can he founded 

 upon fraud^ and wilful deception amounts in law to 

 fraud. The maxim, of Caveat emptor, which I have 

 chosen for my title, cannot safely be pushed too far ; 

 but on these and similar points I will refer my 

 reader to the subsequent pages for more satisfactory 

 explanation. 



