34. Effect of fraud.

Fraud1 renders a contract voidable at the option of the party defrauded. On discovery of the fraud the buyer may either return the animal and claim for return of the price paid2, or keep the animal and claim damages. This is so even where the fraud concerns something outside an express warranty; thus proof of fraud at the time of the sale, for example, as to a horse's age, would vitiate the sale although the warranty was only as to soundness and freedom from vice

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