S8i THE ADVENTURES OF A GENTLEMAN 



recognizes the authority of Pasley v. Freeman. 

 After alluding to the case, his Lordship remarks, 

 " It is a very old head of equity, that if a represen- 

 tation is made to another person, going to deal in 

 a matter of interest upon the faith of that represen- 

 tation, the former shall make that representation 

 good, if he knows it to be false." 



In a manuscript case of Springwell v. Allen, 

 referred to in a note on the case of Williamson v. 

 Allison, in 2 East, 448, where an action was brought 

 against Allen, for selling to Springwell the horse of 

 A. B., as his own ; the plaintiff could not prove that 

 the defendant knew the horse to belong to A. B., 

 and was nonsuited. " For the fraud is the gist of 

 the action, where there is no warranty ; for there the 

 party takes upon himself the knowledge of the title 

 to the horse, and of his qualities." 



The following case draws a distinction between 

 representation of facts notoriously beyond the know- 

 ledge of the seller, and facts which he cannot but 

 know. 



Jewdwine v. Slade, 1 Esp. Cas. 572. — An action 

 was brought on the warranty of two pictures bought 

 by the plaintiff, which the defendant had represented 



