278 





The colt proved to be only three years old : it 

 was stated, however, by several veterinary sur- 

 geons, that by four years old was sometimes 

 meant three off, or rising four, and sometimes, 

 though it is not very intelligible, four off, or rising 

 five ; they also said that till it was actually four it 

 was not suitable for a carriage horse, as which it 

 appeared that the plaintiff meant to use it. 



On the trial Chief Justice Tindal said, " I am of 

 opinion that the first part of the receipt contains 

 a representation, and the latter part a warranty. 

 In the case of a representation, to render liable the 

 party making it, the facts stated must be untrue 

 to his knowledge, but in the case of a warranty, 

 he is liable whether they are within his knowledge 

 or not." 



On the argument on the rule nisi, Justice Alder- 

 son observed, " A warranty must be complied with 

 whether it is material or not, but it is otherwise as 

 to a representation ;" and subsequently added, " If 

 the word ' warranted ' had been the last word, I 

 should have held that it extended to the whole :" 

 sed vide Richardson v. Brown. 



The case was decided on the authority of 

 Richardson v. Brown, I Bing. 344, and Dickinson 

 V, Gapp, tried in the Common Pleas, at the ad- 

 journed sittings after Hilary Term, 1821, by Chief 



