m SEARCH OF A HORSE. 299 



a witness, ho lies upon any material point to enhance 

 the price, and deceive his customer, he exposes him- 

 self to litigation that may exceed in cost ten times 

 the value of the bargain. 



Although the cases which I have quoted, are amply 

 sufficient to make it perfectly intelligible what is the 

 nature of the action for fraudulent misrepresentation, 

 yet, as my object is to furnish my readers with every 

 authority that I can find upon horse-dealing transac- 

 tions, I shall add a few other cases that are authori- 

 ties upon the subject of fraudulent deceit. 



Steward v. Coesvelt, 1 Carr. and P., 23.— "If a 

 horse is sold with a warranty, any fraud at the time 

 of sale will avoid the sale, though it is not on any 

 point included in the warranty." 



The warranty was, that the horse was sound, and 

 free from vice. The defendant resisted the action 

 (which was for the price of the horse,) on the ground 

 that the plaintiff had represented the horse to be five 

 years old, and had often been used as a hunter. The 

 horse was more than four, but not five. Mr. Justice 

 Burrough told the jury that if there was fraudulent 

 representation at the time of sale, it invalidated the 

 contract, no matter w^hether it was a breach of the 



