164 APPENDIX. 
III. FRAUD. 
No definition of fraud is attempted by the English law, 
_ because of its many-sidedness. 
Fraud Annuls all Contracts. 
“Any contract may be rescinded if either party to the 
contract has been induced to enter into it by fraud, for 
fraud renders all contracts void, both at law and in equity. 
Fraud by One Person. 
. Fraud committed by one person is. an imposition, but not 
a criminal offence. 
Fraud by Combination. 
Where two or more persons combine together to cheat in 
the sale of a horse, it is a criminal offence, and renders such 
persons liable to be indicted for a conspiracy (R. v. Sheppard, 
9 C. and P. 123); but it must be shown that all the parties 
charged knew of the fraud (R. v. Pagwell, 2 Starkie N. P. C. 
402). 
IV. MALFORMATION. 
DEFINITION.—A malformation is an irregular or anoma- 
lous formation or structure of a part or parts.- 
Not Unsoundness. 
A malformation or any number of malformations do not 
constitute unsoundness, although they may be quite well 
known to lead to unsoundness. Case—Brown yw, ‘Elkin, 
Court of Exchequer Sittings in Banco, before Lord Abinger. 
In this case a horse was sold with a warranty, having curby 
