IN SEARCH OF A HORSE. 278 



deceit of his factor. The case of Brown v. Eding- 

 ton, tried in the Common Pleas, at the London 

 sittings, on the 9th December, 1839, deserves 

 mention, because Mr. Justice Maule reserved the 

 point on the necessity of the plaintiff's proving the 

 defendant's knowledge of the inferior quality of the 

 article sold. It was not an action, however, upon a 

 warranty, but for the value of a pipe of wine which 

 had been lost in consequence of a crane rope giving 

 way while being swung into the cellar; that rope 

 having been purchased from the defendant, for the 

 use of the crane, and being proved to be of a 

 quality and material wholly unfit for the purpose. 

 I cannot discover that any motion to set aside the 

 verdict was subsequently made, though the jury 

 found specially that the defendant did not know 

 the inferior quality of the rope ; nor can I find any 

 authentic report of the case itself. Though I 

 allude to this case, as one to a certain extent 

 involving the doctrine of implied warranty, the 

 reader will readily perceive that it is distinguishable 

 from those already quoted, as being an action for 

 damage sustained in consequence of the inadequacy 

 of the article purchased. In 6 Taunt. 108, Laing v. 

 24 



