346 THE ADVENTURES OE A GENTLEMAN 



was a breach of the warranty, and such has, I believe, 

 always been the understanding, both in the profession 

 and among veterinary surgeons. On that understand- 

 ing I have always acted, and think it quite clear." 



It was argued that two-thirds of the horses in Lon- 

 don had coughs ; still Lord Ellenborough said it was 

 a breach of the warranty. It was further contended, 

 that the plaintiff was told that the horse had been 

 used only on the road, and had a cough, and that by 

 hunting it he had aggravated the disease. 



Lord Ellenborough : " Knowledge makes no differ- 

 ence. There was a case before Mr. Justice Lawrence, 

 in which it was held ; and it was there said that the 

 plaintiff might rely on the warranty only, and not 

 choose to trust to his own knowledge." "There is 

 no proof that he would have got well, if he had not 

 been hunted." 



Splents are, as I have elsewhere observed, of very 

 equivocal importance ; but I entertain no doubt what- 

 ever, in my own mind, but that they amount to 

 unsoundness, if they are, either from their location, 

 or their size, likely to impede the action of the ten- 

 dons. The only case that I can find upon the subject 

 is the following : 



