232 ACTIONS AT LAW. 



full ; but he yielded to the entreaty of the defendant, 

 and the horse was placed in a neighbour's stable. The 

 defendant called on a subsequent occa.sion to inquire 

 how the horse suited. The plaintiff said he believed very 

 well, but he had been away from home, and, therefore, 

 could not speak for himself, but his groom had not com- 

 plained. The defendant, when speaking as to the soundness 

 of the horse, handed the plaintiff a certificate, given by a 

 Mr. Bignold, veterinary surgeon, in which the latter declared 

 that the horse was six years old, and that he could not 

 detect any unsoundness in it. 



The plaintiff observed that the certificate bore the date 

 of February 4th, and, moreover, if he had a horse examined 

 he always made it a rule to be present and see it done 

 himself. In reply, the defendant said the animal was all 

 right and everything he had represented. A few days 

 afterwards the plaintiff heard the defendant had called 

 again. So on July 4th he sent a letter, enclosing cheque, 

 in which he wrote : "I purchase this horse on the distinct 

 understanding that you warrant him quiet to ride and 

 drive, and sound ; but with reference to the latter, if you 

 prefer it, subject to my veterinary surgeon's examination." 

 To this letter no reply came, but in due course the cheque 

 was returned through the bankers, and was endorsed by 

 defendant. The plaintiff stated he went away for some 

 time again, but early in August — about the 12th — he was 

 driving his horse for the first time to Whetstone, about 

 eight miles from London, and when near the town the 

 horse shied, reared, and appeared greatly excited. He 

 jumped out of the phaeton, discovered the horse was bleeding 

 at the nose, and very uneasy. He left it at Whetstone for 

 the night and drove it back next morning. The journey 

 was very gently performed ; he did not hurry it, and his 

 grooms had previously duly exercised the horse daily with 

 the others. 



