IN SEARCH OF A HORSE. 303 



but at all events the case is in point, as regards the 

 principle of representation without fraud ; and, per- 

 haps, -without any forced construction, it will warrant 

 the inference that negligence in promptly ascertain- 

 ing fraud, will bar the action. The case of Prosser 

 V. Hooper, already quoted, ought to be closely com- 

 pared with this case on the question of time. 



Percival v. Blake, 2 Carr. and P. 514.— ''If a 

 person purchases an article, and suffers it to remain 

 on his premises for two months, without examination, 

 and then finds it to be unfit for use, he cannot after 

 that length of time, avail himself of the objection in 

 answer to an action for the price, unless some deceit 

 has been practised with regard to the article." 



In this case, a letter promising payment was 

 written by the defendant two months after the de- 

 livery of the goods ; and Chief Justice Abbott 

 thought that his objection came too late, two months 

 being more than a reasonable time to discover the 

 defect, unless deceit had been practiced. The jury, 

 however, thought otherwise, and found for the defen- 

 dant ; at the same time they acquitted the plaintifi" of 

 wilful misrepresentation. 



A recent case, however, has been decided, which is 



