A purchaser who has misrepresented the property to a third person desirous of purchasing it, cannot enforce the contract in Equity (a).

A purchaser, however, is not liable to an action at Law for having depreciated the value of the property, or the vendor's chance of sale (b): nor will an action lie against a stranger for preventing a sale by giving notice of his claim upon the estate, unless it be shown that such notice was given maliciously (c): and, in any case, in order to support an action for slander of title, the Plaintiff must prove falsehood, malice, and special damage (d).

Guarantee of solvency must be in writing.

As to concealment and disclosure of advantages by purchaser.

Purchaser need not disclose concealed advantages.

But cannot sue in equity if he mislead the vendor.

And must disclose fact increasing vendor's interest in the property.

As to depreciatory remarks, etc, by purchaser.

Purchaser depreciating the property to intended buyer cannot sue in equity.

Whether liable to an action at law.

(u) See Foster v. Charles, 6 Bing. 396; Polhill v. Walter, 3 B. & Ad. 114; Shrewsbury v. Blount, 2 Man. & Gr. 475; Freeman v. Cooke, 6 Dow. & L. 187; Taylor v. Ashton, 11 Mee. & W. 401.

(v) 9 Geo. IV. c. 14, s. 6: see Haslock v. Fergusson, 7 Ad. & El. 86.

(w) 2 Bro. C.C. 420; Jac 178.

(x) Jac. 178.

(y) Turner v. Harvey, Jac. 169; and see Davies v. Cooper, 5 Myl. & C. 270.

(z) Ellard v. Lord Llandaff, 1 Ball & B. 241.

(a) Howard v. Hopkyns, 2 Atk. 371.

(4) Vernon v. Keys, 12 East, 632; see p. 638.

It appears that an agreement between two persons, not to bid against each other at an auction, is not illegal; and forms a good consideration for an agreement giving to the party withdrawing his opposition at the auction a right of pre-emption over other property (e).

It may be remarked that, when a written agreement between the parties has once been entered into, all previous representations become immaterial, except for the purpose of defence in Equity (f), or of rebutting a defence, and so maintaining the written contract.

Slander of title by stranger.

Agreement with, not to bid against at sale permissible.

Effect of written agreement, on preliminary negotiations.

(e) See Sug. 423, and cases cited. (d) Brook v. Rawl, 19 L. J. 114, Exch.

(e) Galton v. Emuss, 1 Coll. 243. (f) Haynes v. Hare, 1 H.B1. 664.