387 



Earnest, payment of, continued. 



except buyer receive the goods sold, 222. 

 constructive payment of earnest, not sufficient, 231. 

 difiference between, and part performance, 231. 



Evidence. 



in an action on a warranty, purchaser must prove the 



horse to have been unsound at the time sold, 286. 

 it is not suflScient to induce suspicion, 287. 

 of breach of warranty, admissible to reduce damages, 318. 

 of a former seller, with warranty admissible, without a 



release, 335 ; but this decision doubtful, ib. 



Fraud. 



representations made at the time of sale, if fraudulent, 



make the seller liable, 245. 

 avoids a contract, ah initio^ ib. 



when the seller is not liable for false representations, 259. 

 distinction between false representations of facts and 



opinion, 265. 

 will avoid the sale of a horse with a wan'anty, though it is 



not on any point included in warranty, 267. 

 doubtful, if it is competent to a buyer to object to sale on 



account of, at aii^ time, 270. 

 if purchaser after discovery of, deals with the article as 



his own, he cannot repudiate the contract, 272. 

 discovery of a second fraud does not revive his right to 



repudiate contract, ib. 

 Inn-keeper. 



has a lien upon the horse for his keep, unless known to 



have been illegally obtained, 343. 

 compellable by law to take in strangers and their cattle, 344. 

 horses placed in stables of, not liable to distress for 



rent, 845. 

 his general responsibility, 346, 347. 

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