IN SEARCH OF A HORSE. 275 



inferred ; but to satisfy an allegation that thej were 

 warranted to be of any particular quality, proof must 

 be given of such a warranty ; however, a warranty is 

 implied that they were that for which they were sold.'" 



In Shepherd v. Kain, 5 B. and A. 240, a ship had 

 been sold which was described in the advertisement 

 of the sale, as '' a copper-fastened vessel :" the adver- 

 tisement also stated, " The vessel with her stores, as 

 she now lies, to be taken, with all her faults, without 

 allowance for any defects whatsoever." The plaintiff 

 had full opportunity of examining her ; but after his 

 purchase, it turned out that she was not copper- 

 fastened. The court held that the action lay, and 

 that the terms, "with all faults," must mean with all 

 faults which the vessel might have consistently with 

 being the thing described. 



In Fletcher v. Bowsher, 2 Starkie, 561, the ship 

 was also to be taken with all faults ; but the vendor 

 had represented her to be a year younger than she 

 was, and was held liable for the deceit. I quote the 

 case principally for a dictum of Chief Justice Abbott, 

 "A person ought either to be silent or to speak the 

 truth ; and in case he spoke at all, was bound to dis- 

 close the real fact." 



