153 



housed in a new stable. Now, after making the 

 most liberal allowances for change of domicile, I 

 cannot understand this horse-dealing system of 

 pathology; and so far am I from being convinced 

 of its being sound in principle, that I have always 

 provided myself with the means of following up my 

 horse's history. Sometimes I have discovered that 

 even in this trifling matter, the inveterate habit of 

 lying has betrayed itself. But deception here is of 

 Httle moment : it tells as well with a jury, that the 

 previous history of the animal has been studiously 

 concealed, as if the last year of his existence had 

 been spent at the college ; and this is all that is 

 wanted. I may also observe that actual deception 

 on any material point, invalidates a contract alto- 

 gether. Thus to sell a horse that has lost the 

 mark, under a false representation of his age, or 

 to sell a second-hand carriage, as one that has 

 just left the coach-maker's loft, is fraudulent, and 

 no action can be maintained for the price; or 

 should the price have been paid, it may be re- 

 covered back. Dealers ought to be better aware 

 of this principle of law, than for the most part 

 they appear to be. No legal contract can he 

 founded upon frauds and wilful deception amounts 

 in law to fraud. The maxim of Caveat emptor ^ 

 which I have chosen for my title, cannot safely be 



