WARRANTY. 



41 



And herein it is, principally, that this action is 

 distinguished from actions on breach of warranty; 

 for the warranty extends to all faults, known or 

 unknown to the seller. 



" The other kind of fraud may be termed 

 fraud in deed; and we shall conclude this article 

 by producing an instance which may serve to 

 exemplify the nature of those acts of the seller, 

 which would fall under this head, ' I remember,' 

 says Gibbs, C. J., ' the case of the sale of a 

 house in South Audley Square, where the seller, 

 being conscious of a defect in the main wall, 

 plastered it up, and papered it over ; and it was 

 held that, as the vender had expressly concealed 

 it, the purchaser might recover.' To extend 

 this principle to our subject-matter : — it is con- 

 ceived if the vender were to deceive the pur- 

 chaser, either as to colour, which may be easily 

 done by chemical means, or as to age, by (to 

 use a west-country phrase) bishopping the animal, 

 he would be liable for the deceit, although no 

 verbal representations had been made."* 



* " If the vendei" knew the goods to be unsound, and hath 

 used any art to disguise them, or if they are in any shape 

 different from what he represents them to be to the buyer, 

 this artifice shall be equivalent to an express warranty, and 

 the vender is answerable for theij- goodness." — Blacksioiic' s 

 Commentarit'S. 



