IN SEARCH OF A HORSE. 291 



sentation, and a contract of sale be afterwards re- 

 duced into writing, in which that representation is 

 not embodied, no action for a deceit lies against the 

 vendor, on the ground that the article sold is not 

 answerable to that representation, whether the ven- 

 dor knew the defects or not." 



In delivering his judgment on this case, Mr. Jus- 

 tice Gibbs observes, " I hold that if a man brings me 

 a horse and makes any representation whatever of 

 his quality and soundness, and afterwards we agree, 

 in writing, for the purchase of the horse, that 

 shortens and corrects the representations ; and what- 

 ever terms are not contained in the contract, do not 

 bind the seller, and must be struck out of the case. 

 In this case, if there had been any fraud, I agree it 

 would not have been done away by the contract: but 

 in this case there is no evidence of any fraud at all : 

 the ship is afterwards conveyed by a bill of sale, that 

 contains no warranty. I thought at the trial, and 

 still think, that the parties were not now at liberty 

 to show any representation made by the seller, unless 

 they could show that by some fraud the defendants 

 prevented the plaintiffs from discovering a fault 

 which they knew to exist." 



