case CHANDELOR against Lopus in the exchequerchamber see smith v Chadwick App  Cas derry v peek App Cas trespass on the case for sell a jewel affirm it to be  a bezarstone where in fact it be not a bezarstone will not lie unless it be  allege that the defendant know it be not a bezar or that he warrant it be a  bezanPost S C dyer in marge SC roll Rep Yelv side stram salk Bl Com thou  action upon the case whereas the defendant be a goldsmith and have a cro  Elizabeth b in the report of this case in Yelverton it be say that three of  the judge videlicet Yelverton gawdy and Popham be of opinion that the action  will not lie croak James er p skill in jewel and precious stone have a stone  which he affirm to Lopus to be a bezarstone and sell it to he for one hundred  pound where in fact it be not a bezarstone the defendant plead not guilty and  verdict be give and judgement enter for the plaintiff in the king bench but  error be thereof bring in the exchequerchamber because the declaration contain  not matter sufficient to charge the defendant videlicet that he warrant it to  be a bezarstone or that he know that it be not a bezarstone for it may be he  himself be ignorant whether it be a bezarstone or not and all the justice and  baron except Anderson hold that for this cause it be error for the bare  affirmation that it be a bezarstone without warrant it to be so be no cause of  action and although he know it to be no bezarstone it be not material for  every one in sell his ware will affirm that his ware be good or the horse  which he sell be sound yet if he do not warrant they to be so it be no cause  of action and the warranty ought to be make at the same time of the sale as f  n b c b Henry pl Henry pl Henry pl ass Henry pl wherefore forasmuch as no  warrant be allege they hold the declaration to be ill Anderson to the contrary  for the deceit in sell it for a bezar whereas it be not so be cause of action  but notwithstanding it be adjudge to be no cause and the judgement be reverse