APPENDIX. 243 



with interest from the date of citation to this action." — Young v. 

 Oifen, 1858, 21 D. 87. 



4. Issue and counter issue in an action upon a warranty given at a 

 sale of a horse in Scothmd, the buyer averring that he had taken the 

 horse to England, and liad there, upon discovering his unsoundness, 

 sold him, admittedly without judicial authority, after an offer of 

 return to the seller, which was declined. 



"Issue for the pursuer. — It being admitted that on the 18th 

 July, 1862, the pursuer bought from the defender a horse and 

 pony for the price of £115, and that the said price was then 

 paid, and that the horse and pony were delivered to the pursuer 

 by the defender under an express warranty that they were 

 ' sound up to delivery,' in terms of document No. 7 of Process, — 

 Avhether the said horse and pony were, or either or which of 

 them was, unsound at delivery : and whether tlie defender is 

 indebted and resting-owing the pursuer the sum of £112, 3s. 6d., 

 or any part thereof, with interest as per schedule annexed 1 " 

 (The schedule stated the price paid by the pursuer, and the 

 expenses of keep, &c., and credited the defender with £20, the 

 proceeds of the sale.) " Counter issue for the defender. — 

 Whether the pursuer failed duly to return the said horse and 

 pony, or either of them, to the defenders 1 " — Rohson v- 

 Thomson, 1864, 2 M. 593. 



5. Issue to try the question whether a warranty was given that a 

 mare was "a good worker," see this case referred to, § 27, 



"It being admitted that, on 2nd January, 1862, the defender 

 sold to the pursuer a grey mare, at the price of £27, and that 

 the mare was delivered, and the price paid — Whether the 

 defender expressly warranted the said grey mare to be a good 

 worker, and whether at the time of said sale, the said grey mare 

 was not a good worker ; whether the pursuer returned the said 

 mare to the defender ; and whether the defender is bound to 

 pay back to the pursuer the said sum of £27, or any part 

 thereof, with interest thereon from 9th January, 1862." — Ferrier 

 V. Dods, 1865, 3 M. 5G1 ; see also M'Beij v. Reid, 1842, 4 D. 

 349, and Fisher v. Ure, 1846, 9 D. 17. 



6. Issue to try the question whether a horse was unsound, either 

 at the date of sale or of the demand for repetition of the price Avhere 

 a pursuer kept and used it for five weeks, and it was pleaded that 

 he was not entitled to return it. 



"It being admitted that the defender, on the 10th day of 

 November, 1852, sold and delivered to the pursuer a roan 

 gelding at the price of £25, Avhich was then paid by the 



