258 



" It is a very old head of equity, that if a represen- 

 tation is made to another person, going to deal in 

 a matter of interest upon the faith of that repre- 

 sentation, the former shall make that representation 

 good, if he knows it to be false." 



In a manuscript case of Springwell v. Allen, 

 referred to in a note on the case of Williamson c. 

 Allison, in 2 East, 448, where an action was brought 

 against Allen, for selling to Springwell the horse 

 of A B, as his own ; the plaintiff could not prove 

 that the defendant knew the horse to belong to 

 A B, and was nonsuited. " For the fraud is the 

 gist of the action, where there is no warranty, foi 

 there the party takes upon himself the knowledge 

 of the title to the horse, and of his qualities." 



The following case draws a distinction betweer 

 representation of facts notoriously beyond the 

 knowledge of the seller, and facts which he can- 

 not but know, 



Jewdwine v. Slade, 1 Esp. Cas. 572. — An actior 

 was brought on the warranty of two pictures 

 bought by the plaintiff, which the defendant had 

 represented as the works of Claude Lorraine and 

 Teniers. Lord Kenyon held that the action was 

 not maintainable unless the defendant knew that 

 the pictures were not the works of those masters : 

 for by a representation of a fact Hke this of which 



