The common law epitomiz'd with directions how to prosecute and defend personal actions, very useful for all lawyers, justices of peace, and gentlemen : to which is annexed the nature of a writ of error, and the general proceedings there upon : with a plain table for the easie finding out of every particular / by William Glisson and Anthony Gulston ...

For deceits in Bargains and Agreements, without Warranty.

* 1.11. Against him that sells a Horse not sound, knowing him to be so without warranty, 20 Hen. 6.34. 13 Hen. 4.2. Kitchin 174. Q. for it seems it lies not; yet if it doth, it is because the Law hates deceit in Contracts, for it hinders Commerce, which is beneficial to the Commonwealth.

For selling an Horse to another that was not his own,* 1.2 42 Assize 8. Coke 4. part. 18. B. for this is fraud.

For selling Cloth that is nought,* 1.3 knowing it to be so without warranty, 21 Hen. 7.91. pl. 16. Crooke.

Against him that promises to deliver good Gum,* 1.4 and doth not, Mich. 7 Jac. Ban. Regis, Weston & Deighton.

Against him that sells Wine mixed with water,* 1.5 Nat. br. 88. F. for this is but part Wine, and so the buyer hath not what he paid for.

For uttering Corrupt victual,* 1.6 knowing it to be so, 19 Hen. 6.53. 22 Hen. 7.91. pl. 16. Crooke. 11 Edw. 4.6. B. Brian & Neal.

Against him that sells good Wax and delivers ill,* 1.7 6 Edw. 6. Dyer 75. pl. 18. Q. whether in all these cases an Indictment at the Common Law will not lie: It seems it will.

Notes

• * 1.1

  Deceit in bargain.
• * 1.2

  Horse.
• * 1.3

  Cloth.
• * 1.4

  Gum.
• * 1.5

  Wine.
• * 1.6

  Victual.
• * 1.7

  Wax.