IN SEARCH OF A HORSE. 313 



liable whether they are within his knowledge or 

 not." 



On the argument on the rule nisi, Justice Alder- 

 son observed, " A warranty must be complied with 

 whether it is material or not, but it is otherwise as to 

 a representation ;" and subsequently added, " If the 

 word ' warranted' had been the last word, I should 

 have held that it extended to the wdiole:" sed vide 

 Richardson v. Brown. 



The case was decided on the authority of Richard- 

 son V. Brown, 1 Bing. 344, and Dickenson v. Gapp, 

 tried in the Common Pleas, at the adjourned sittings 

 after Hilary Term, 1821, by Chief Justice Dallas : 

 Chief Justice Tindal observed, ''What a man warrants 

 he must make good, whether he knew the fact or not, 

 but what he represents, if there is a latent defect, 

 and he acts bond fide, he is not at all answerable." 



The same doctrine was held in De Sewhanberg v. 

 Buchanan, 5 C. and P. 343. " If there was no ex- 

 press warranty," said Chief Justice Tindal, "but only 

 a representation, then as there is no evidence that 

 the plaintiff did not believe that the picture was a 

 Rembrandt, he will be entitled to recover the full 

 amount of the bill." 



27* 



