WARRANTY AND REPRESENTATION. 185 



therefore, where A. sent his horse to Tattersalls' 

 for sale by auction without warranty, and on the 

 day before the sale found B. in the stable examining 

 the horse's legs, and A, said to him, ' You have 

 nothing to look for ; I assure you he is perfectly 

 sound in every respect,' and B. repHed, * If you 

 say so, I am perfectly satisfied.' 



" Upon the faith of this representation B. be- 

 came the purchaser. It was held that this was no 

 warranty, as this representation was not intended 

 to form part of the contract of sale, nor was it 

 made pending the contract. For the sale being by 

 auction, the negotiations between the parties had 

 not commenced, inasmuch as the contract began 

 only when the horse was put up for sale, and ended 

 when he was knocked down to the highest bidder " 

 (Oliphant's " Law of Horses"). 



If a mare is sold as being m foal, this is regarded 

 as amounting to a warranty. 



It has been laid down by judges in the Exchequer 

 Chamber that the distinction between representa- 

 tion and warranty amounts to the following : 

 " That the rule is, where upon the sale of goods, 

 the purchaser is satisfied without requiring a 

 warranty (which is a matter for his own considera- 

 tion), he cannot recover upon a mere representation 



