IN SEARCH OF A HORSE. 287 



of time when the warranty is given, is held to be 

 immaterial, if the sale is made on the faith of it. 

 " And if the warranty be made at the time of sale, 

 or before the sale, and the sale is upon the faith of 

 the warranty, I can see no distinction between the 

 cases," says Mr. Justice Buller. 



The authority of this case was confirmed in Eyre 

 V. Dunsford, 1 East, 318. 



The case of Parkinson v. Lee, 2 East, 314, already 

 quoted, distinctly confirms the case of Chandelor v. 

 Lopus ; and puts the action of deceit upon very intel- 

 ligible ground, especially in the instance of horse- 

 dealing. 



Again, in the case of Vernon v. Keys, 12 East, 

 637, Lord Ellenborough remarks : " A seller is un- 

 questionably liable to an action of deceit, if he frau- 

 dulently misrepresent the quality of the thing sold to 

 be other than it is, in some particulars which the 

 buyer has not equal means with himself of knowing : 

 or, if he do so in such a manner as to induce the 

 buyer to forbear making the inquiries which, for his 

 own security and advantage, he would otherwise have 

 made." 



In 6 Vesey, 174, Evans v. Bickncll, Lord Eldon 



