300 THE ADVENTURES OF A GENTLEMAN 



warranty or not. In a note on this case, it is ob- 

 served, that the written warranty of a horse does not 

 require an agreement stamp, and had been admitted 

 in evidence although not on a stamp. This point is 

 decided in Skrine v. Elmore, 2 Camp. 407. 



I have already alluded to the next case, but the 

 authority of Mr. Justice Bayley is so strong, that I 

 must quote it at length. 



Wood V. Smith, 4 Carr. and P., 45. — " The general 

 rule is, that whatever a seller represents at the time 

 of sale, is a warranty. A warranty may be either 

 general or qualified. If a person at the time of his 

 selling a horse says, ' I never warrant ; but he is 

 sound as far as I know :' this is a qualified warranty, 

 and the purchaser may maintain assumpsit upon it, 

 if he can show that the horse was unsound to the 

 knowledge of the seller." 



It should be noticed, that the words used go rather 

 farther than they are above quoted in the marginal 

 note of the case. The defendant said, '' She is 

 sound to the best of my knowledge : I never warrant : 

 I would not even warrant myself." 



It was objected that this was no warranty, but 

 that the action should have been for deceit ; and Mr. 



