SALES BY AUCTION. 173 



the principal if notified before he has parted with 

 it. In any case, such a sale of a horse comes 

 within the meaning of a fraudulent contract. Even 

 a sale with all faults does not cover latent defects, 

 if artifice or fraud has been employed to prevent 

 the buyer from discovering them, as, for instance, 

 when a horse has been unnerved for the purpose of 

 sale — disguising an incurable disease and oblitera- 

 ting the signs (lameness, etc.) which are indicative 

 of pain in the limb, or limbs. 



If a person has been cheated by fraud or artifice 

 in the purchase of a horse, an action for fraudulent 

 misrepresentation can be brought. 



The foundation of the action is based upon fraud 

 and deceit on the defendant's part, and the damage 

 to the plaintiff. 



In all repositories and public auctions there is a 

 specified time given for the return of a horse, if 

 it be disconform to the description given in the 

 catalogue, and, unless the seller has been guilty 

 of fraud or deceit, the buyer has no remedy against 

 him, unless the conditions of the sale are complied 

 with, viz. : that the animal has been returned with- 

 in the time specified in the catalogue, or the rules 

 exhibited about the premises of such public auction 

 room. 



