WARRANTY AND REPRESENTATION. 187 



In a case related in Oliphant's " Law of War- 

 ranty," where the plaintiff brought an action to 

 recover the price of a horse sold under the following 

 warranty : " A black gelding, about five years old, 

 has been constantly driven in the plough — war- 

 ranted," it was held that the terms of such warranty 

 applied to the soundness of the animal rather than 

 to the nature of his employment. 



The author does not beUeve that this was sound 

 judgment ; the warranty ought, in his opinion, to 

 have been held to cover all faults. 



This, in his opinion, would have been the right 

 construction to have put upon it. 



The position of the word no more apphed to the 

 animal's soundness than it did to its utiUty for 

 specific work. 



In order to render a representation binding, the 

 person making the statements must be proved to 

 have had knowledge that they were not true, 

 whereas with a warranty the seller is hable for 

 faults known and unknown. 



In the case of Anthony v. Halstead, a written 

 document, with the following wording, was pro- 

 duced at the trial : — 



" Received from A. the sum of ;^6o for a black 



