276 THE ADVENTURES OF A GENTLEMAN 



In a very recent case of Chanter v. Hopkins, 4 

 Mees. and Wils. 399, where the defendant had 

 sent an order in the following terms, — "Send me 

 your patent copper and apparatus to fit up my brew- 

 ing copper with your smoke-consuming furnace," 

 and in an action of assumpsit for the price of the 

 copper, which had been agreed upon, the jury found 

 that the smoke-consuming furnace was useless to the 

 defendant in his brewery, it was held that the plain- 

 tiff was entitled to recover the full price, no fraud 

 being imputed to him, inasmuch as the order was 

 for a specific, defined chattel, which was supplied ; 

 and that no warranty that it would answer the 

 required purpose could be imported into the contract. 

 This case seems to clash a little with Gray and Cox, 

 quoted in the next page, but I will add the remarks 

 of Baron Parke, as they will clearly show the grounds 

 of the decision. " The law is clear, that you cannot 

 add to or diminish the written contract by anything 

 in parole which may have occurred between the par- 

 ties. If, indeed, there has been any fraudulent 

 representation, the buyer may relieve himself from 

 the contract on the ground of fraud ; but the defend- 

 ant does not impute fraud to the plaintift' ; he cannot 



