194 ACTIONS AT LAW. 



day he drove the animal to Foggy Furze and back without 

 anything being observed to be the matter with it ; but the 

 next day (Sunday) it bled a good deal at the nose, and 

 heaved violently, 



Mr. Thompson saw Mr. Furness about it on the following 

 day, and he refused to take the animal back ; but a fortnight 

 afterwards, by direction of Mr. Wilson Furness, the real 

 owner of the horses before the sale, the animal in question 

 was sold a second time by auction, and, as it was shown, 

 bought by Mr. Wilson Furness himself for £14 5s. After- 

 wards, at Broughill Fair, it was sold for ^19 odd. The plain- 

 tiff claimed for /ii is., the difference in the prices for which 

 the animal was sold, and certain expenses which were 

 incurred, and contended that the sale was throughout a 

 bond fide transaction. He admitted that the animal was 

 broken winded, and said that it showed symptoms of such 

 unsoundness at the time of the first sale, but he relied upon 

 the conditions of sale that the animal was not warranted. 



Messrs. Merr5rweather were called, and stated that they 

 did not observe anything the matter with the animal, but 

 they believed both sales to be perfectly bond fide. The 

 description of the animals for sale was admitted to have 

 been prepared by Mr. R. Merryweather, jun., and was 

 more than once compared to the productions of the cele- 

 brated Robins, and Mr. Donkin, of Newcastle. 



The case for the defendant, as stated by Mr. Ralph Bell, 

 was that the transaction was a monstrous fraud, and it 

 was contended, from the appearance of the animal on the 

 Sunday morning, that it was broken winded, and that 

 its unsoundness had been concealed by the administra- 

 tion of a drug. Several witnesses were called to speak 

 to the condition of the mare, and to the fact that it had 

 refused its food and craved for water ; and Mr. Henry* 

 Peele, veterinary surgeon, who was called to examine the 

 animal, stated that, in his opinion, the broken wind was 



