312 THE ADVENTURES OF A GENTLEMAN 



faults were actually produced by the unskillfulness 

 of the purchaser. 



In the next case, the limits within which a war- 

 ranty must be taken, are yet more closely defined. 



Budd V. Fairmaner, 5 Carr. and P. 78. — "A re- 

 ceipt on the sale of a colt, contained the following 

 words after the date, name, and sum : ' for a gray 

 four-years-old colt, warranted sound in every re- 

 spect.' Held that such part as related to the age 

 was a representation only, and not a warranty." 



The colt proved to be only three years old : it was 

 stated, however, by several veterinary surgeons, that 

 by four years old was sometimes meant three off, or 

 rising four, and sometimes, though it is not very in- 

 telligible, four off, or rising five ; they also said that 

 till it was actually four it was not suitable for a car- 

 riage-horse, as which it appeared that the plaintiff 

 meant to use it. 



On the trial Chief Justice Tindal said, " I am of 

 opinion that the first part of the receipt contains a 

 representation, and the latter part a warranty. In 

 the case of a representation, to render liable the 

 party making it, the facts stated must be untrue to 

 his knowledge, but in the case of a Avarranty, he is 



