504 HIGH COURT OF CHANCERY.

says, that when interrogated by the complainant upon that sub-
ject, he said "he knew very little about them," and referring
him to another party for information, said, "he" (the complain-
ant) "must examine for himself."

The same statement is repeated in the answer, in which the
defendant says, he expressly told the complainant "he knew
very little of them, and that he had rarely seen them." The
answer contains a positive denial that the defendant gave any
assurances or made any statements touching the soundness or
health of the negroes—and yet there is in it an unequivocal as-
sertion, that "the negroes were sound and healthful at the time
of the sale, and were worth the sum of thirteen hundred dol-
lars."

It is not easy to reconcile this positive declaration of the
health and value of the negroes, in the answer, with the state-
ment that he knew very little of them and had rarely seen them ;

but it leads one strongly to believe that the defendant did in-
cautiously venture to make statements at the time of the sale,
respecting their soundness, without having the requisite infor-
mation upon the subject; and when to this presumption, fairly,
as I think, arising upon what he says in his answer, is added
the proof offered upon this point by the complainant, it seems
to me that no reasonable doubt can be entertained in regard to
it.

Here, then, is a case in which the complainant has been in-
duced to purchase a family of incurably diseased slaves, upon
representations made to him by the vendor, that they were
sound and healthy; and for a price fully equal to their value if
the representation had been true. That he confided in, and
was misled by these representations to a certain extent, I have
no doubt; and whether they were made with knowledge of
their untruth, and with intent to defraud, or whether the vendor,
without proper consideration, ventured to make them, without
knowing whether they were or were not true, is immaterial.

The title of the purchaser to relief in this court, upon' either
alternative, is equally perfect, as is abundantly established by
the authorities which have been referred to, and by many others