IlOnsE AVUIUANTY. 49 



Occasionally It liajiitons that there is amisropro- 

 Bcntation of fact, "which is perfectly innocent, hoth 

 buyer and seller thinking that they are dealing 

 about a sound horse, and yet being in error. In 

 such case, if there is no waiTanty, the buyer must 

 l)ay the ■svholo price ; but if there is a general 

 waiTanty, ho has a remedy, as the seller would be 

 liable for the error, and not the buyer. See Kin- 

 )tctlij V. P(i)i<n)ia liailtvaij Cowpany (_/'), where Mr. 

 Justice Blackburn said: "There is, however, a very Effect of 

 imi^ortant difference between eases where a co^itract |ni"rcpre- 

 niay be rescinded on accoimt of fraud, and those in si-'ututiou. 

 which it might be rescinded on the ground that 

 there is a difference in substance between the thing 

 bargained for, and that obtained. It is enough to 

 show that there was a fraudident representation 

 as to any part of that which induced the party to 

 cuter into the contract which he seeks to rescind ; 

 but where there has been an innocent misrepresen- 

 tation or misapprehension, it does not authorize a 

 rescission unless it is such as to show that there is 

 complete dill'ercnce in substance between what was 

 supposed to be and what was taken, so as to con- 

 stitute a failure of consideration ; for example, 

 when a horse is bought under the belief that it 

 is sound, if the purchaser was induced to buy by a 

 fraudident representation as to the horse's sound- 

 ness, the contract may be rescinded. If it was 



(/) L. R., 2 Q. B. 580. 



