now TO PROCEED IN CASE OF DISPUTE. 1G9 



and tlio horso sold — he Ihcii sliould prove pnyment 

 of tlio price. The compluinant should be very 

 careful to bo accurate in giving his evidence 

 respecting the warranty, and to repeat tlio precise 

 words used by the seller, for as has been shown 

 before, there may be expressions which only amount 

 to a representation and not to a warranty. A 

 man may commend his goods as he pleases, and 

 has a right fairly to puff them, whether a horse or 

 other chattel ; he may, in short, praise them as ho 

 likes so that he does not induce another person to 

 buy by some statement of an alleged fact, which 

 is untrue, and goes to the root of the bargain. 



The next step will be to prove the breach of 

 warranty, that is, that the horse was, at the time 

 of sale, unsound, or vicious, or restive, or was not 

 as stated in the written warranty, or, as the com- 

 plainant alleges, the seller told him when ho 

 bought the animal. To do this he must call as a 

 witness the veterinary surgeon, coachman or whom- 

 soever it is he relies on, who saw the horse in dis- 

 pute soon after it was bought, and get such wit- 

 ness to give his testimony respecting the animal's 

 unsoundness, vice, or restiveness, as the case may 

 be. The certificate or written opinion of anyone 

 is of no use in court, except to correct evidence ; it 

 can be objected to, if by itself, for many reasons, if 

 for no other because the person giving it has not 

 been cross-examined. If anyone gives an opinion 

 which should inliuence a Court of justice, he ought 



