s much
about the things he purchases as the seller.

But the courts also say that it applies to other defects. Suppose a
horse has the heaves or the rheumatism, which is known to the seller
but of which the buyer has no knowledge whatever. The seller is not
obliged to make known this defect to the buyer, and if he is silly
enough to purchase on his own wisdom he must abide by the
consequences. If he does inquire and is deceived, that is another
thing. But if he asks no questions, or the seller does not deceive him
in any way, the seller is not responsible for defects known by him at
the time of the sale. This also is a well-understood rule.

_The seller_, we repeat, _must not deceive the buyer_. In one of the
well-known cases a man owned a ship that he was desirous of selling.
She was unsound in several places and the seller put her in such a
position that her defects could not be readily found out. He did this
for the purpose of deceiving the buyer and succeeded. When the buyer
learned how he had been tricked he began a legal proceeding to get
back a part of the money that he had paid, and won his case. And
rightfully, too, for the reason that the seller had deceived him,
which he had no right to do.

Another case may be stated of a man who was desirous of purchasing a
picture, supposing that it was once in the collection of an eminent
man. The seller knew perfectly well that the picture did not come from
that collection and that the buyer was acting under a delusion. He did
not say that the picture had belonged to the collection or had not; he
was silent, although he knew that the buyer would not purchase it if
he knew the truth about its former ownership. For some reason or other
the buyer did not make any inquiry of the seller, or if he did was not
told. But after purchasing the picture the buyer learned that he was
mistaken and that the seller knew this at the time of making the sale.
He sought to recover the money he had paid and succeeded, the court
saying that a fraud had been practised upon him; that it was the duty
of the seller, knowing what was passing in the mind of the buyer, to
have told him the truth about the former ownership of the picture.

It will be seen, therefore, that _the seller must not deceive the
buyer in any way or practise any fraud on him_; if he does he will be
responsible for the loss or injury befalling the other.

What, then, ought a buyer to do in purchasing a horse, for example,