222 ACTIOiNS AT LAW. 



John Stephens, veterinary surgeon of Penzance, for a 

 wrongful warranty of a horse. Mr. Welhngton Dale was 

 for the plaintiff, and Mr. Bridgman, of Plymouth, for the 

 defendant. The plaintiff's case was that in March last, 

 being about to purchase an entire horse, he asked the 

 defendant to examine the animal with a view to giving a 

 certificate as to its condition. It was accordingly examined 

 on the 19th of March, but as it was then " roaring " and 

 suffering from an unsound hock, the defendant declined 

 to pass it, and arranged to see it again at a subsequent date. 

 The plaintiff particularly asked him to be very careful 

 about the matter, as he was giving a big price for the horse, 

 and told him that unless he could give a satisfactory certifi- 

 cate at the next examination, he must give up all idea of 

 making the purchase, as it would be too late for the season . 

 A day was fixed for the next examination, but the defendant 

 did not attend at the appointed time. On the following 

 day, however, he told the plaintiff that he had seen the 

 horse during the night, had found it perfectly sound in 

 every respect, and that Mr. Mann would have a good bar- 

 gain in getting it for £80. At the same time, he gave a 

 certificate that the " horse was well made, and a thoroughly 

 sound one in wind and limbs, and all other respects." On 

 the faith of this certificate the purchase was made, but on 

 the same evening the plaintiff found that the horse was 

 a roarer, and was still bad in the wind as on the 19th of 

 March. 



His Honour : But roaring does not affect the wind. He 

 must have been galloping very hard for the plaintiff to 

 have found that out on the same evening. 



Mr. Dale went on to say that there was something also 

 wrong with the hock ; and Mr. Mann, noticing the same 

 defects on the following day, called Mr. Stephens' attention 

 to it, and the latter told him to exercise the horse gently. 

 This was done, but it did not get any better, and when Mr. 



