248 



faults, without allowance for any defects whatso- 

 ever." The plaintiff had full opportunity of ex- 

 amining her ; but after his purchase it turned out 

 that she was not copper-fastened. The court held 

 that the action lay, and that the terms, " with all 

 faults," must mean with all faults which the vessel 

 might have consistently with being the thing de- 

 scribed. 



In Fletcher v. Bowsher, 2 Starkie, 561, the 

 ship was also to be taken with all faults ; but the 

 vendor had represented her to be a year younger 

 than she was, and was held liable for the deceit. 

 I quote the case principally for a dictum of Chief 

 Justice Abbott, " A person ought either to be silent 

 or to speak the truth ; and in case he spoke at all, 

 was bound to disclose the real fact." 



In all these cases the doctrine of implied war- 

 ranty seems to be very intelligibly laid down ; but 

 in the case which I am about to quote, relating to 

 a sale of copper in sheets, and which, it is much to 

 be regretted, does not appear to have been solemnly 

 argued, although the same principle of warranty by 

 implication is partially confirmed as respects other 

 articles of trade, it is left uncertain as respects the 

 horse. 



Gray v. Cox, 1 C. and P., 184. — " If a commo- 

 dity, having a fixed value, is sold for a particular 



