ACTIONS AT LAW. 227 



Mr. Malham, Oxford, appeared for the defendant, and 

 Mr. H. Turner, Birmingham, for Mr. Hodges. 



James Hodges, land surveyor and baiUfi to Lord Sher- 

 borne, deposed : I have known the defendant as a horse 

 dealer for four or five years, and have had dealings with 

 him. Before Christmas I asked him to look me out a real 

 good cart horse. I saw the defendant at Sherborne, in 

 March, and afterwards saw the horse at Mr. Hiron's farm, 

 at Salford, near Chipping Norton ; defendant recommended 

 the horse as being a warranted good horse. I approved of 

 the horse some four or five days previously to the 29th 

 March, as far as I could judge. I told the defendant and 

 Mr. Hirons I should not buy it unless my carter first saw 

 it. My carter came back, and, in consequence of what he 

 said, I sent for the horse, and the same evening Mr. Jeffries 

 came to my house to settle for it. In defendant's presence 

 the carter said he was very doubtful about the horse's 

 fore-legs. Mr. Jeffries replied that the horse Was perfectly 

 sound. He said : " You can try him, and if he's not exact, 

 you can allow me £2, and I'll take to him again." We went 

 into my of&ce, and I settled for it. Defendant, at first, 

 objected to give a receipt, but I insisted on having one, 

 which I wrote out and he signed. I worked the horse 

 about for half-days the first week, with a broad harrow ; 

 he appeared to work well on the land. On the following 

 week he was sent to work on the road to draw stones from 

 Windrush. He worked that afternoon apparently well. 

 Next morning, in consequence of a communication from 

 the carter, I went to look at the horse, but found nothing. 

 I then told the carter to work him carefully the next day, 

 and on the second load of stones being brought, I observed 

 that the horse was lame in both legs. After writing a 

 letter to Mr. Jeffries, complaining of the unsoundness of 

 the horse, a reply was received from Mr. Jeffries, stating 

 that the horse was sold to him by Mr. Hirons. The horse 



15* 



