A prospective buyer, in the course of negotiating for the purchase of hops, asked the seller if any sulphur had been used in their treatment, adding that, if it had, he would not even trouble to ask the price.The seller answered that no sulphur had been used. Later, it discovered that sulphur had been used in the cultivation of the hops - in 5 acres out of 300, and the buyer then sued for the price claiming that he was justified in refusing to observe the contract.

Held: Seller’s statement was understood and intended by both parties to be part of the contract. A reasonable man would not buy if he had known that the hops had sulphur.