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raudulent representation. But if the fraud is 

 ioncocted with dehberation and plan, I conceive 

 :hat it is indictable, and when several parties 

 concur in the design, they would be guilty of a 

 conspiracy, of which the criminal courts would 

 :ake cognizance. 



My last head of the subject of warranty is much 

 simpler — wan'anty by an absolute undertaking 

 :hat the articles sold shall answer to a certain 

 description. 



A very comprehensive definition of warranty is 

 ^iven by very high authority. In Stuart v. Wilkins, 

 Doug. 20, Lord Mansfield lays it down, that " a 

 kvarranty extends to all faults known or unknown 

 :o the seller." In a certain sense this is true. A 

 seller may undertake that his horse is free from 

 every fault, or vice, or disease of whatever descrip- 

 tion ; and if such an undertaking is given, it falls 

 within his lordship's definition of a warranty. 

 But such warranties are gone out of fashion, and 

 in these times all warranties are usually limited 

 to " soundness," or to capabilities of a given de- 

 'Scription. 



A warranty by an absolute undertaking is easily 

 understood ; it is a distinct promise that the horse 

 shall be capable of all work, or of a certain descrip- 

 tion of work, or that he shall be exempt from all 



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