290 THE ADVENTURES OF A GENTLEMAN 



pedigree, but stated the contents of that pedigree, 

 which the plaintiff relied on." 



These cases contain all the law on the subject of 

 fraudulent misrepresentation ; but it is necessary, 

 however, for the purchaser to be careful that, if he 

 makes any contract for the purchase of the horse 

 which is reduced to writing, after the negotiation for 

 it is over, there should be introduced into the written 

 contract all representations previously made of the 

 horse's qualities; for if he fails to do this, he will 

 be bound by the written contract ; and he will not 

 be at liberty to bring his action for deceit on the 

 verbal representations previously made. The fol- 

 lowing case is a leading authority upon this point, 

 and it is the more important because it clearly illus- 

 trates the real meaning of the legal maxim, caveat 

 emptor; but it must be received with reference to 

 the case of Kain v. Old, 4 D. and R. 52, which cer- 

 tainly appears to be somewhat at variance with its 

 principle. 



4 Taunton, 779, Pickering and Dowson. — "If a 

 representation be made before a sale of the quality 

 of the thing sold, with full opportunity for the pur- 

 chaser to inspect and examine the truth of the repre- 



