302 THE ADVENTURES OF A GENTLEMAN 



are sufficient evidence from which a jury may infer 

 that a warranty was given at the time of the sale ; 

 and it is not necessary to give other proof of what 

 actually passed when the contract was made." 



" I quite agree," said C. J. Best, " that there is a 

 diiference betAveen a warranty and a representation, 

 because a representation must be known to be wrong. 

 No particular words are necessary to constitute a 

 w^arranty. If a man says, ' This horse is sound,' 

 that is a warranty. The plaintiiF in his letter says, 

 ' You remember you represented the horse to me as a 

 five-year-old ;' to which the defendant's answer is, 

 ' The horse is as I represented it.' Now, if the jury 

 find that this occurred at the time of the sale, and 

 without any qualification, then I am of opinion that 

 it is a warranty ; if it occurred before, or if it was 

 qualified, then it must be taken to be a represen- 

 tation, and not a warranty." 



It does not, however, appear to follow, that it is 

 competent to the purchaser, at any time, to avail 

 himself of the objection of fraud. This position is 

 ^ scarcely sustained by the first of the following cases ; 

 on the contrary, it seems to imply, that if deceit has 

 been practised, lapse of time will not bar the objection ; 



