272 THE ADVENTURES OF A GENTLEMAN 



each other. My object being to mention every case* 

 that I can find connected with the subject of horse- 

 dealing, I think it better to omit none, even at the 

 hazard of involving my readers in some uncertainty 

 as to the result. My own opinion I have already 

 given, and it has been formed on an attentive perusal 

 of the whole. 



On the subject of implied warranty, the first case 

 to which I shall refer is the case of Hern v. Nicholls, 

 1 Salk. 289, where an action was brought on the 

 sale of silk, which was sold as silk of a particular 

 sort, which it was not ; though the deceit was not 

 practiced by the defendant, but by his factor 

 abroad, the court held him responsible for the 



^ Some of my sporting friends who have been parties to actions 

 at law in horse-dealing transactions, have expressed to me their 

 surprise at not finding any allusion to their cases ; but they must 

 understand that no cases are reported in our law books unless 

 they involve some legal question. When, therefore, I speak of 

 mentioning every case, I of course only mean every case which 

 governs the law of the subject : for a similar reason I omit even 

 horse-dealing cases, where they only refer to some point of 

 pleading or of practice, equally applicable to all contracts for 

 goods. 



