426 ■ INDEX. 



Earnest, Payment of, continued. 



no unwritten contract for goods above £10 good withoutj 



244. 

 except buyer receive the goods sold, 244. 

 constructive payment of earnest, not sufficient, 256. 

 difference between, and part performance, ib. 

 Evidence. 



in an action on a warranty, purchaser must prove the horse 



to have been unsound at the time sold, 324. 

 it is not sufficient to induce suspicion, ib. 

 of breach of warranty, admissible to reduce damages, 359. 

 of a former seller, with warranty admissible, without a 



release, 379 ; but this decision doubtful, ib, 

 parole, when admissible. 

 Fraud. 



representations made at the time of sale, if fraudulent, make 



the seller liable, 271. 

 avoids a contract, ab initio, ib. 



when the seller is not liable for false representations, 288, 

 distinction between false representations of facts and opinion, 



296. 

 will avoid the sale of a horse with a warranty, though it is 



not on any point included in warranty, 298. 

 doubtful, if it is competent to a buyer to object to sale on 



account of, at any time, 302. -^ 



if purchaser, after discovery of, deals with the article as his 



own, he cannot repudiate the contract, 304. 

 discovery of a second fraud does cot revive his right to repu- 

 diate contract, ib. 

 Inn-keeper. 



has a lien upon the horse for his keep, unless known to have 



been illegally obtained, 388. 

 compellable by law to take in strangers and their cattle, ib. 

 horses placed in stables of, not liable to distress for rent, 391 

 his general responsibility, 392. 



