IN SEARCH OF A HORSE. 289 



as the works of Claude Lorraine and Teniers. Lord 

 Kenyon held that the action was not maintainable, 

 unless the defendant knew that the pictures were not 

 the works of those masters ; for by a representation 

 of a fact like this, of which the defendant could have 

 no certain knowledge, he must be understood as 

 speaking to his belief only. 



My readers may also refer to the cases of Budd 

 V. Fairmaner, hereafter quoted, and Dunlop v. 

 AYaugh, Peake's Rep. 167. The last case is as fol- 

 lows : 



"If a man, not knowing the age of a horse, but 

 having a written pedigree which he received with 

 him, sell him as a horse of the age stated in the 

 pedigree, at the same time stating he knows nothing 

 of him but what he has learned from the pedigree, 

 he is not liable to an action when it appears that the 

 pedigree is false." 



It should be observed that the mark was out of the 

 mouth, and the horse proved to be fourteen. 



Lord Kenyon was " clearly of opinion that this 

 was no warranty : the defendant related all he knew 

 of the horse, and did not enter into any express un- 

 dertaking that the horse was of the age stated in the 

 25* 



^ 



