228 ACTIONS AT LAW. 



was sent back, and I saw the defendant, to whom I stated 

 that, in consequence of the lameness of the fore-legs, I 

 could not keep him. Mr. Jeffries referred me to Mr. Hirons. 

 I went to Mr. Hirons' house and took the horse, and asked 

 the defendant to go with me, to see if he could compromise 

 the matter, but he told me he was not at home. I went to 

 Mr. Hirons' house and waited until he came back. Defen- 

 dant met Hirons before I saw him. I told Hirons the 

 horse was not sound, when he said he supposed we had been 

 messing him about. Both refused to take the horse back, 

 and, in consequence of that, I took the horse away. I 

 brought the horse straight to Chipping Norton, and had 

 him examined by Mr. Irving, and, in consequence of what 

 Mr. Irving told me, I put the horse out to hvery for a fort- 

 night, and the horse was sold at Chipping Norton market 

 by public auction. 



In answer to Mr. Malham : When I went to look at the 

 horse, it was ploughing. I said to Mr. Hirons, " I suppose 

 you'll warrant the horse ? " To which Mr. Hirons replied, 

 " It is perfectly sound ; it's never been off the estate, and 

 I bred it." Mr. Hirons refused a warranty, and I said, 

 " If you think the horse is perfectly sound, there's no need 

 for a veterinary surgeon." Before Mr. Hirons said the 

 horse was perfectly sound, I said I should have Mr. Tombs 

 to see it. Mr. Hirons did not suggest that the horse should 

 go to a veterinary surgeon, nor did he say that if the horse 

 was sound, that it was mine, and, if unsound, it should 

 remain where it was. The whole of the receipt was written 

 by me, except the signature. The words " warranted 

 sound " were written before Jeffries signed. Mr. Jeffries 

 did not ask me to read the receipt ; I read it voluntarily ; 

 I read over the receipt first, without the words " warranted 

 sound." I inserted these words with the consent of the 

 defendant. 



Mr. Peter Irving, veterinary surgeon. Chipping Norton, 



