i86 WARRANTY AND REPRESENTATION. 



of the quality by the seller, unless he can show that 

 the representation was bottomed in fraud.'' 



When a party sells a horse according to the 

 pedigree or history that he received when he pur- 

 chased it, re-selhng it in accordance with the 

 representation thereon, though this is subsequently 

 proved to be false, the buyer cannot hold the seller 

 liable for breach of warranty, because the latter 

 had no means of ascertaining any further knowledge 

 regarding the animal than that of the pedigree 

 given. It is merely a repetition of the represen- 

 tation. 



Warranty and Representation Combined. 



The following may be taken as an example of a 

 representation and warranty combined : — 



" Received from William Smith, forty-five pounds 

 sterHng for a red roan five-year-old gelding, war- 

 ranted sound." 



The first portion relating to the age contains the 

 representation, the word " warranted " referring to 

 the soundness of the animal only. 



If the horse is subsequently proved to be, say, 

 four years off, the seller cannot be held liable for 

 breach of warranty. 



