Misrepresentations  are  also  to  be  distinguished  from  cases
where  a  thing  is  sold  by  a  particular  description  and  the
thing  delivered  is  different.  There  is  then  neither  a  mistake
nor  a  misrepresentation,  but  the  contract  is  not  performed.^

A  misrepresentation  concerning  a  material  point,  not
amounting  to  fraud,  and  not  a  term  of  the  contract,  and  not
creating  an  error  in  substantia,  is  differently  treated  at  law
and  in  equity,  and  is  differently  treated  at  law  when  a  cer-
tain class  of  contracts  are  involved.
^  77.  Rule  in  Equity  as  to  Misrepresentations.  The  doc-
trine of  Courts  of  equity  is  that  a  material  untrue  state-
ment, though  not  made  fraudulently,  and  though  not  a  term
of  the  contract,  is  ground  for  granting  relief  to  the  party

2  This  is  very  well  shown  by  Bannerman  v.  White,  10  C.  B.  N.  S.
844 ;  31  L.  J.  C.  P.  28,  where  the  seller  of  the  hops  grown  on  300  acres
of  land  was  asked  by  the  buyer  if  any  sulphur  had  been  used  in
their  treatment.  The  reply  was  in  the  ,  negative.  The  buyer  said
that  if  sulphur  had  been  used  he  would  not  even  ask  the  price.  Then
a  sale  was  agreed  upon,  no  further  reference  being  made  to  sulphur.
