DEFINITION OF BONE SPAVIN. 549 



that upon the first charge they would exercise their own judgment 

 whether there was any proof that defendant had not made reasonable 

 endeavours to sell the horse. If they thought he had, he would be 

 entitled to their verdict on the first count. But the other, on which 

 the plaintiff mainly relied, was a much more serious matter, and he 

 would tell them at once that an agent, employed and piald to act for a 

 purchaser of anything, has no right whatever to receive a single farthing 

 from the seller. It was a transaction perfectly unjustifiable, and which 

 the plaintiff had acted most properly in bringing under the considera- 

 tion of a jury. He then went through the evidence, and left it to them 

 to say if they had any doubt that the horse seen by the veterinary 

 surgeons was the same horse, remembering that Sewell had actually 

 admitted it to be so by paying the loss upon it; and that if so satisfied, 

 they would give the plaintiff a verdict upon the second count, with such 

 damages as they thought proper ; and the damages to which he would 

 be entitled would be the inconvenience and cost he had reasonably been 

 put to, and which he had not recovered from Sewell, including the 

 £2 2s. which the defendant had received for the services he had failed 

 to render. The jury returned a verdict for the defendant on the first 

 count, and for the plaintiff on the second count, damages £5. His 

 Lordship immediately certified for costs and for the special jury, and 

 observed to the jury : Gentlemen, this was a very proper action to 

 bring, and a very proper verdict. It is just what I would have given 

 myself. 



Loss of good bargain evidence of value. — Although no damages can be 

 recovered for the loss of a good bargain, the bargain would be evidence 

 of the value of tM horse supposing him to he sound {Clare v. Magnard). 



Definition of lone spaviji. — " Bone spavin is a bony deposit on articu- 

 lating surfaces of joint. The term ' spavin ' really means the lameness 

 and not the disease. In splint especially, and in spavin, traces may 

 disappear and disease exist." 



Responsihilitg of hirer of horse. — As between the lender and hirer of 

 horses, the hirer, in the absence of any custom in the trade, is only 

 bound to use reasonable care, to employ a competent coachman {Ahron 

 V. Fussell). 



In the case of Head v. Tattcrsalt, 7 L. R. Ex. 7, the plaintiff bought 

 of the defendant, an auctioneer, a horse described in the catalogue as 

 having been hunted with the Bicester and Duke of Grafton's hounds. 

 The contract of sale contained a condition that " horses net answerinsr 

 the description must be returned before 5 o'clock on the following 

 Wednesday evening," the sale having taken place on Monday. The 

 horse had not in fact been hunted with either pack of hounds as 



