200 ACTIONS AT LAW. 



plaintiff himself. The plaintiff, nevertheless, took his 

 coachman with him when he went to see the horse on 26th 

 December. The horse, on being tried, " shied slightly," 

 and the coachman said, " I hope he is not given to these 

 tricks." The defendant replied, " I never knew him to 

 do such a thing before." The defendant fixed the price at 

 one hundred guineas, but did not warrant the horse sound. 

 All he did was to warrant it free from vice, perfectly quiet 

 to ride and drive, and not to crib-bite. The plaintiff took 

 time to consider, but in the course of a few days sent the 

 defendant a cheque for £100, on which the following en- 

 dorsement was made, and signed by the defendant : 



" Received of Mr. Palmer, the sum of £100, for a bay 

 gelding, six years old, warranted quiet to ride and drive, 

 free from vice, and not to crib-bite." 



The horse did not answer the description given in the 

 warranty. On the contrary, it turned out to be " a per- 

 sistent and inveterate shier." It shied at almost every- 

 thing. On one occasion it ran Mr. Palmer's carriage into 

 a ditch, and on another it nearly put a mare on which Miss 

 Palmer was riding into a similar predicament. In March, 

 the horse was sent to a livery stable of a Mr. Strange, at 

 Bath, and Mr. Strange, having driven it, found that it 

 shied at almost everything. On one occasion it showed a 

 disposition to back into the river, and on another an old 

 woman had some difficulty in getting out of its way. 

 Eventually the animal was sent to Aldridge's repository in 

 London, where it was sold for thirty-eight guineas. 



Mr. Palmer was called, and bore out the statement of 

 the learned counsel in regard to the terms of the purchase. 

 The horse was sent to Mr. Clark, at Melksham, for a fort- 

 night, and two days after it came home, his (Mr. Palmer's) 

 coachman drove it to Trowbridge Station. It shied at a 

 heap of dirt and some water in the road. It shied going 

 to Trowbridge on the 14th or 15th February, and again on 



