The  jury  found  the  plaintiff  did  not  steal  the  grass;  and
they  considered  the  defendant  must  have  known  that  he
was  not  stealing  it,  and  gave  40s.  damages  for  the  trespass
extra  viam,  and  10/.  damages  for  the  trespass  and  false
imprisonment,  if  not  justified  in  point  of  law  (a).
(a)  Vide  Norwood  v.  Pitt,  28  L.  J.,  Exch.  212;  5.  C.  29  L.  J.,  Excb.
127.
56


CASES  AT  THE


1860.
4fter  Easter
Term.
On  a  contract
lor  the  transfer
by  a  lessee  of
u  all  his  in-
terest in  a
boose,  with  the
fixture*,  fa-,  a*
held  by  him,"
for  an  entire
sum,  an  action
for  falsely
warranting  the
fixtures  to  be
the  lessee's,
held  to  be
maintainable,
on  evidence
that  the  de-
fendant, at  the
time  of  the
agreement,
handed  the
plaintiff  an  in-
ventory  of
them;  and
afterwards,
being  taxed
with  selling
them,  said  he
" thought  they
were  his."


Coram  Erie,  C.  J.
SNELL  v.  BICKLEY.
x!  IRST  count,  for  false  representation  of  the  value  of  a
business.
Second  count,  that  the  defendant,  by  falsely  warranting
certain  fixtures  to  be  his  property,  sold  them  to  the  plain-
tiff, whereas  they  were  not  nor  any  of  them  his,  and  the
plaintiff  was  afterwards  deprived  of  them,  and  lost  the  price
paid  for  them.
Plea :  not  guilty,  denying  the  warranty,  and  that  the
fixtures  were  the  defendants.
Huddles  tone  and  T.  Chitty  for  the  plaintiff.
