142 WARHANTY DISTINGUISHED FROM REPRESENTATION. 



Also, wliere a Receipt on the sale of a Colt contained tlie 

 following words after the date, name and sum, " for a 

 grey four years old Colt warranted Sound in every re- 

 spect," and the Colt turned out to be only three years old, 

 Chief Justice Tindal nonsuited the plaintiff, who had 

 brought an action on that ground, and said, " I am of 

 opinion that the first part of the Receipt contains a Re- 

 prcscnfation 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 knoniedge ; but in 

 the case of a Warranty he is liable whether they are within 

 his knowledge or not.'' The Court of Common Pleas dis- 

 charged a rule nisi for setting aside the nonsuit, and Mr. 

 Justice Alderson said, " A Warranty must be complied 

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

 to Representation. If the word ^Warranted' had been 

 the last word, I should have held that it extended to the 

 whole" (p). However, in a previous case, where the 

 plaintiff larought an action to recover the price of a Horse 

 sold under the following Warranty, " A black Celding, 

 about five years old, has been constantly driven in the 

 plough — Warra)ited," it was held that the terms of such 

 AVarranty applied to the Souiubiess of the Horse rather 

 than to the nature of his employment ( q) . 



So, also, in the case of Anthony y. Jlalstead {r), the 

 following document, viz. : " Received from A. the sum of 

 60/. for a black Horse, rising five years, quiet to ride and 

 drive, and w^arranted sound up to this date, or subject to 

 the examination of a veterinary surgeon," was held not to 

 be a Warranty that the Horse was quiet to ride and drive. 

 The Jury It is a question for the Jury whether the description of 



must decide ^^^ article in a Catalogue, a Receipt, or a Bill of parcels, 

 Warranty and amounts to a Warranty, or is merely a matter of De- 

 a Eepresenta- script ion or intimation of an opinion, and it should be 

 *^°°- submitted to the Jury with all the attendant circum- 



stances. Thus, where a Pictm'e had been sold as a Rem- 

 brandt, an action was brought on a Bill of exchange of 

 which the Picture was the consideration, and it appeared 

 doubtful on the evidence whether there had been a War- 

 ranty or only a Representation; Chief Justice Tindal, in 

 summing up, said, " The question is, whether you think 

 that a Warranty was in fact given, and that it was 



{p) Budd V. Fair manner, 5 C. & {q) Richardson \.Brmvn,^'iS.oove, 



P. 78. 338 ; iS. C. 1 Bing. 344. 



(»•) 37 L. T., N. S. 433. 



