WARRANTY DISTINGUISHED FROM REPRESENTATION. 141 



The Judges in the Exchequer Chamber have laid Rule as to 

 down a Rule with regard to Warranty and Representation Warranty and 

 which appeared to them to be supported so clearly by tion!^^^^^ ^" 

 the early as well as the most recent decisions, that they 

 thought it unnecessary to bring them forward in review. 

 The judgment was pronounced by Chief Justice Tindal, 

 who said, " The Rule, which is to be derived from all the 

 cases, appears to us to be, that where upon the sale of 

 goods the purchaser is satisfied without requiring a War- 

 rant ij (which is a matter for bis own consideration), he 

 cannot recover upon a mere Representation of the quality 

 by the seller, unless he can show that the Representation 

 was bottomed in FramV {i). 



In Jenchcine v. Slade{k), where two pictures were sold, Mere expres- 

 described in a Catalogue as one by Claude Loraine U). ^^'^^p^ 



<D •/ \ J f ODinioii 



and the other by Teniers [m), and they turned out to be 

 copies, Lord Kenyon seemed to think that the Represen- 

 tation of a fact of which the seller could have no certain 

 knoirkdge, must be taken as a mere expression of opinion, 

 as these were very old painters, and there was no way of 

 tracing the pictures. 



And where a man not knowing the age of a Horse, but Selling 

 having a written Pedigree, which he received with him, Pe*^^i.^e^ ^ 

 said at the time of sale that he sold him according to that 

 Pedigree, knoiring notlting further than he learnt there- 

 from, the mark being out of his mouth when he bought 

 him, it was held to be 710 Warrant//, and that he was not 

 liable to an action on account of the Pedigree turning out 

 false {n). 



But a written instrument may consist partly of a War- Partly a War- 

 ranty and partly of a Representation. Thus, where the partfy^rEe- 

 f olio wing Receipt was given on the purchase of a Horse, presentation. 

 " Received of Robert Dickenson lOU/. for a bay Grelding 

 got by Cheshire Cheese, and warranted Sound," and an 

 action was brought on an alleged breach of Warranty, on 

 the ground that he was not bred in the manner above 

 described. Chief Justice Dallas held that the Warranty 

 was confined to the Soundness, and the statement that he 

 was got by Cheshire Cheese was a mere Representation (o). 



(i) Ormrod v. Huth, U M. & W. («) Dunlop v. Wright, 1 Peake, 



664. 197. 



{k) Jendwine v. Slade, 1 Esp. (o) Dickenson v. Gapp, H. T. 



572. 1821, cited in Btidd v. Fairmanner, 



(/) Claude Loraine died in 1G82. 1 M. & Sc. 78. 



{ni) Teniers died in 1694. 



