Hopkins v Tanqueray (1854) 15 CB 130. In Hopkins, the plaintiff purchased the defendant's horse at auction. One day prior to the auction the defendant, finding the plaintiff examining the horse's legs, declared, 'You need not examine his legs: you have nothing to look for. I assure you that he is perfectly sound in every respect.' In these circumstances, the Court of Common Pleas held that the defendant's statement was not a term but a mere representation. It is usually argued that the distinction between the two cases rests on the evidence given by the defendant in the latter case that horses sold at auction were never warranted unless this was expressly stated in the catalogue.