WARRANTY. 169 



an action for the difference between the price paid 

 and that at which the animal was sold. 



In a case of breach of warranty, the Court has 

 power to direct the sale of a horse, but this is only 

 done when it is desirable to have the animal dis- 

 posed of at once for some special reason. 



In every instance where the seller is satisfied that 

 the animal was sound at the date of sale, he should 

 have the horse examined by a M.R.C.V.S. and 

 obtain a certificate ; but, what is still better, is to 

 have this opinion supported by the evidence of, say, 

 a couple of other qualified veterinarians. This will 

 materially strengthen the seller's case, because 

 most judges are compelled to rely upon the evidence 

 of the veterinary surgeons as to the existence of 

 disease, the duration of it, etc. 



Commonly, such evidence is of a very conflicting 

 nature, and this is just where the judge and jury 

 become mystified. It is a pity that veterinary 

 surgeons should hold such diametrically opposed 

 opinions, more especially when there can be no 

 sense of honour in doing so. Every man is justly 

 entitled to hold his own opinion, but where such 

 becomes a non-conscientious opinion, it is un- 

 praiseworthy, and most certainly ultimately be- 

 comes detrimental to a man's reputation. 



