352 THE ADVENTURES OF A GENTLEMAN 



the pathological cause of this falling off in condition, 

 but all are agreed upon the fact ; and I think it not 

 improbable, that the habit may affect the secretion of 

 the glands from which the saliva proceeds, and there- 

 by impede digestion. 



The disease of glanders is so unequivocal that any 

 authority is superfluous to prove that it amounts to 

 unsoundness : I may however, mention that in the 

 the case of Morton v. Beddington, tried at the Lent 

 Assizes at Bedford, on the 12th of March, 1838, the 

 breach of warranty was founded on this complaint : 

 the case is more deserving of notice in reference to 

 the direction of Mr. Baron Parke to the jury. It 

 was proved that the defendant had said he would not 

 warrant the horse, but if the plaintiff chose to have 

 him at all risks he was welcome : while on the other 

 hand, the plaintiff produced evidence that the defen- 

 dant had represented the horse to be " all right, ex- 

 cept a cold he had caught a day or two before." 

 The judge left it to the jury to say "whether the de- 

 fendant had warranted the horse, or whether he had 

 simply represented that to the best of his judgment 

 the animal was all right, but without warranting 

 him as part of the contract." The jury found for the 

 defendant. 



