FRAUDULENT CONTRACTS: 153 



or is a "clever little Horse." And a person who allows 

 himself to be imposed upon by siieb assertions has no 

 remedy against the vendor. Thus it appeared in the fol- 

 lowing case that J. S., who had a tenn for years, affirmed 

 to J. I)., that the term was worth 150/. to be sold, upon 

 which J. D. gave 150/. and afterwards could not get more 

 than 100/. for it, and then brought his action. It was 

 alleged that this matter did not prove any Fraud, for 

 it w^as only a naked assertion that the term was worth so 

 much, and it was the plaintiff's folly to give credit to such 

 assertion. Bnt if the (hfcndant had warranted the term to 

 be of such a value to be sold, and upon that the plaintiff 

 had bought it, it would then have been otherwise (/). 



The Court will not set aside a deed on the gromid of Collateral 

 previous or collateral fraud, unless the party is deceived ^'^'^^^ 4°^'^ 

 with regard to the execution of the deed itself, for the ^eed. 

 representation must be as to matters material, and not 

 collateral only, to the contract (/•). 



If the Folly of a contract be extremely gross, the circimi- A foolish 

 stance will tend, if there be other facts in corroboration, to ^^^'S''^^"- 

 establish a case for relief on the ground of Fraud ; but 

 mere folly and weakness, or want of judgment, will not 

 defeat a contract, even in Equity (/). 



But a vendor is miquestionably liable to an action of Representa- 

 Deceit, if he fraudulently misrepresents the quality of the {jg^j^tTuI'' *° 

 thing sold to be other than it is in some particulars, which 

 the buyer had not equal means with himself of know- 

 ing [in) ; and the mere possession of the means of know- 

 ledge by the vendee does not necessarily, under all 

 circumstances, oust the vendor's liability for a false and 

 fraudulent representation (>?). 



Certain misrepresentations about a Horse on Sale at a Made before 

 Repository were made by the defendant to the plaintiff, ^. . ^^ 

 about four o'clock in the afternoon. On the morning of 

 the next day the defendant accompanied the plaintiff to 

 the Auction yard, and pointed out the Horse, saying, 

 " That is the Horse." On his being put up to auction the 



(() Harviij V. Young, Yelv. 20; (l) 3Illiies v. Coiclei/, 8 Vrice, 62Q; 



cited per Grose, J., Fasleij v. Free- Prcbhle v. Boyhiirst, 1 Swanst. 329; 



man, 3 T. E. 55. IJ'illan v. Carter, before Martin, B., 



{k) Feret v. Mill, 23 L. J., C. P. Lancaster Spr. Ass. 1852. 



185; Canham v. Barry, 2-i L. J., (/«) Per Lord Ellenborough, C.J. , 



C. P. 100. See, too, per Black- Vernon v. F'eys, 12 East, 637. 



burn, J., H. v. Saddlers'' Co., 32 («) Fcrrier v. Peacock, 2 F. & F. 



L J., Q. B. 337, 343. 717. 



