304 THE ADVENTURES OF A GENTLEMAN 



of far more consequence to all purchasers under 

 fraudulent representation, and if it is to be considered 

 law, it is of the last importance ; it is the case of 

 Campbell v. Fleming, 1 Adolphus and Ellis, 40, 

 where it is held, " that if a party be induced to pur- 

 chase an article by fraudulent misrepresentation of 

 the seller respecting it, and after discovering the 

 fraud continue to deal with the article as his own, he 

 cannot recover back the money from the seller ; and 

 it is also held, that the right to repudiate the con- 

 tract is not afterwards revived by the discovery of 

 another incident in the same fraud." 



I understand this case to decide, that if a purcha- 

 ser adopts the article purchased as his own, after he 

 has discovered fraud, he cannot repudiate the con- 

 tract : and therefore, that if on the discovery that 

 he has been fraudulently imposed upon as to the age 

 of a horse, he still retains him as his own property, 

 he cannot afterwards avoid the contract for fraud, 

 though he should subsequently discover that he has 

 been similarly deceived as to his sight. I cannot ac- 

 quiesce in the reasonableness of this doctrine, if I 

 rightly understand it. Mr. Justice Park does not 

 appear to have adverted to this point in delivering 

 his opinion. 



