ACTIONS AT LAW. 213 



son of a well-known county gentleman, was a member of 

 the New Forest Hunt, and had for one season hunted the 

 animal in question. The reason of plaintiff's wishing to 

 dispose of the animal weis that he was about to get married, 

 and he instructed Messrs. Perkins and Sons, auctioneers, 

 Southampton, in the ordinary way, to sell this animal. 

 Plaintiff also took the precaution before the sale to have 

 the animal inspected by Mr. Burden, a veterinary surgeon, 

 and at the sale and in the advertisement regarding the sale 

 the animal was described as a nice gelding, six years old, 

 " a good hunter, will carry a lady, goes in double or single 

 harness." On the day of the sale the defendant had the 

 opportunity, and did inspect this animal, and it was sold 

 to defendant in the ordinary course, and knocked down 

 to him for £39 i8s., and he took it away in the ordinary 

 way. He (Mr. Lamport) had to call his Honour's attention 

 to the conditions of the sale, and his Honour would notice 

 that in connection with the description of the animal there 

 was no warranty as to soundness. The conditions of sale 

 were exhibited in the yard on a board (the actual copy 

 exhibited was here produced), and included the provision 

 that where a horse was entered as a good horse, quiet to 

 ride and drive, and so on, the money should be paid to the 

 owner on the following Tuesday, unless the purchaser 

 delivered to Messrs. Perkins, on or before ten o'clock on the 

 following Monday, a certificate from a veterinary surgeon 

 as to unsoundness, or a statement in what other respect 

 the description of an animal was not answered. 



Mr. White explained that his main contention was as to 

 the description of the animal as " a good hunter." They 

 said it was not. 



Mr. Lamport said that the conditions of the sale had not 

 been complied with. Apart from the question of warranty, 

 he held that the defendant had not compUed with the con- 

 ditions of the sale. Having given the cheque as a nego- 



