152 



FKAUDULENT CONTEACTS. 



Therefore, the meaning of a horse being sold " with all 

 his faults " is, that the purchaser shall make use of his 

 eyes and understanding to discover wh&i faults there are ; 

 and the seller is not answerable for them if he does not 

 make use oi2tQj fraud or practice to conceal them (/). 



But it would appear from a case cited by Gibbs, J., 

 in Pickering v. Bowson (g), that where a horse has been 

 sold " tvith all his faults," and artificial means have been 

 used to conceal some defect, the vendor would be liable to 

 the purchaser for such conduct. 

 Plugging, &c. For instance, the practice of plugging, 8fC., or perhaps 

 the artificially fiUing up a sandcrack (h) or thrush («") 

 (such devices being, without doubt, used to deceive the 

 purchaser) would each be a sufficient ground for an action 

 for deceit; because a man may act a lie or fraudulent 

 representation without speaking a word, and the injury 

 under such circumstances would be damage as the result 

 of a fraudulent representation coupled with dealing. Thus 

 when a ship was sold " tcith all her faults," but means 

 had been taken fraudulently to conceal some defects in her 

 bottom, the vendor was held liable {j). 



But where animals are sold "with all faults," it makes 

 no difference whether the sale takes place in a public market 

 or privately, provided that there is no fraudulent represen- 

 tation, or concealment of defect. The mere exposure for 

 sale of animals in a public market is not evidence of fraudu- 

 lent representation. Thus, in Ward v. Hobbs [k) the defen- 

 dant sent for sale, to a public market, pigs which he knew 

 to be infected with a contagious disease ; they were exposed 

 for sale subject to conditions that the buyer must take them 

 with all faults, no warranty would be given and no com- 

 pensation would be made in respect of any fault. No 

 verbal representation was made by or on behalf of the 

 defendant as to the condition of the pigs. The plaintiff, 

 having bought the pigs, put them with other pigs, which 

 became infected ; some of the pigs bought from the defen- 

 dant, and also some of those with which they were put, 

 died of the contagious disease. The plaintiff having sued 

 to recover damages for the loss which he had sustained ; 

 it was held that, although the defendant might have been 



Ward V. 

 Sobbs. 



(/) Fiohering v. Dowson, 4 Taunt. 

 784. 



(ri\ i Taunt. 785. 



(A) Sandcrack, ante, p. 92. 



(i) Thrush, ante, p. 99. 



{j) Schneider v. Heath, 3 Camp. 



508 ; and Jones t. Bright, 3 M. & P. 

 175. 



(k) Ward V. Sobbs, 4 App. Cas. 

 13; 48 L. J., Q. B. 281; 40 L. T., 

 N. S. 73 ; 27 W. E. 114. 



