JURISPRUDENCE. 
41 
piled in the Lower Cayiada Jurist in Teasle & Prier: “ To con¬ 
stitute a warranty in the sale of a horse, no particular language 
is required, and it may be stated as a general principle that what¬ 
ever the vender represents at the time of the sale is a warranty. 
It is not essentially necessary (2 Stephens R. P. 1289)' that the 
false statement of the defendant be accompanied with an inten¬ 
tion to injure the plaintiff, because the legal fraud which is suffi¬ 
cient to sustain the action is complete when the intention to mis¬ 
lead is followed by actual injury, (ib. p. 1305).” * * “A 
verbal representation of the seller to the buyer of a horse in the 
course of dealing, that he may depend upon it, the horse is per¬ 
fectly quiet and free from vice, is a warranty.” (3 M. & R., p. 2). 
“ If the vendor is cognizant of any defect in the thing sold, ma¬ 
terially lowering its value in the market, the law implies a promise 
from him to make disclosure thereof, and the passing over in 
silence of an important fact or circumstance which ought in good 
faith to be known, is equivalent in contemplation of law to an 
express representation or even a warranty.” (Addison on Con¬ 
tracts p. 55.) “ Ordinary praise will not notate the contract or a 
mere expression of an opinion.” (H., p. 129). “ If there has 
been a suppressio veri or concealment of the truth, that alone, in 
certain cases and under certain circumstances, will amount to a 
fraud.” (H., p. 130). “ There was a fraudulent concealment 
notating the contract, when the vender of a mare stated at the 
time of the sale that he believed the mare to be sound, but would 
not warrant her, and the mare was unsound to his knowledge.” 
(Wood vs. Smith, R. & M., p. 124). “If a purchaser makes no 
inquiries as to the soundness of the animal, and the vender has 
said or done nothing to throw the purchaser off his guard or to 
conceal a defect, there is no fraudulent concealment on the part 
of the vender.” (Jones vs. Bright, R. & M., 175). 
“ In France and in this Province a legal warranty attaches upon 
the seller, but the legal warranty is for the same purpose as the 
English conventional warranty, the protection of the purchase 
against latest defects and diseases which are presumed to be 
within the knowledge of the horse-dealer, and not of occasional 
buyers. 
