30 IIORSr AVMIRANTY. 



shaking, would probably bo disregoi-ded. In an 

 action brought by a farmer against a cattle dealer, 

 to recover, the value of three oxen sold by the 

 dealer to the farmer, and warranted free from 

 disease, the fact to be ascertained was when the 

 contract was complete. The cattle were sold in 

 a fair, and no proof given of any previous com- 

 plaint. They became afterwards afllicted with 

 foot and mouth disease, and it was proved that 

 they were put into a field on the afternoon of the 

 fair with some Irish cattle, amongst whom that 

 disease broke out. Tlie plaintiff contended that 

 as he paid for the beasts in the evening, not having 

 time to look after them until then, that the war- 

 ranty commenced from tlio time of payment, but, 

 as it canie out incidentally, that he had about 

 twelve o'clock taken a pair of scissors out of his 

 pocket and had marked the cattle by cutting marks 

 on their hair, the jury stopjicd the case, and inti- 

 mated that they considered tliat was the moment 

 when the contract was completed, and found for the 

 defendant. It is not ea.'^y to lay down when in 

 every case the bargain is do.scd, but the principle 

 is the same in all ca.ses, and the rule should not 

 bo forgotten, whieh is this: that it is statements 

 or writiiigs made before the aetunl s:ilo which are 

 of value to the complaining partv, and tli;if any- 

 thing said or written nfter the sale is of no use, 

 unless some fre.sh eonsideration pa.sses, when of 

 course, that would be a new bargain. The con- 



