ACTIONS AT LAW. 229 



said : I was called in by Mr. Hodges to examine the horse 

 at the Fox Inn. I found he was lame, and, on further 

 examination, I found a bony deposit round the coronet. 

 At the present time I consider he has side-bone. In- 

 flammation of the cartilage will produce the deposit com- 

 plained of. Before Mr. Blake purchased the horse for 

 Mr. Brassey, I did not dissuade him from buying it. 



This being the case for the plaintiff, 



Mr. Jeffries, the defendant, was called, and said : When 

 Mr. Hodges came to my house I told him Mr. Hirons had 

 got a cart horse to part from, and took him over to see 

 it. He went to Mr. Hirons' house with me, and we went, 

 in company with Mr. Hirons, to the team, and before we 

 got to the team complainant pointed out the horse. Mr. 

 Hodges asked Mr. Hirons, on the way home, the price of 

 the horse, to which Mr. Hirons rephed, ninety guineas. 

 Mr. Hirons refused to give a warranty after Mr. Hodges 

 had told him that the horse would be required for stone 

 and timber drawing ; but if it was going on to a farm, he 

 would give a warranty. I proposed having a veterinary 

 surgeon, and named Mr. Tombs, of Barrington. Mr. 

 Hirons consented, and said, "If the horse was sound, it 

 was their horse, but, if not, he was to remain where he 

 was." He was to be examined before leaving Mr. Hirons' 

 farm. I suggested that Mr. Hodges' carter should see 

 the horse. On the morning of the 19th Mr. Hodges pur- 

 chased the horse of Mr. Hirons for ninety guineas. On the 

 same day I had occasion to go to Mr. Sherborne, when 

 I called on Mr. Hodges, and paid him for some horses I 

 had sold for him, and he deducted the -£^0. I told him I 

 could not be at the trouble of showing the horse for nothing, 

 and he paid me ten shillings for my trouble. Before 

 signing the receipt, he read it, but no mention was made 

 of the words respecting a warranty. I was never asked 

 to warrant the horse. 



