ACTIONS AT LAW. 233 



When he arrived home he mentioned what had happened 

 to the groom, who said it might arise from a " wen " he 

 had discovered in the neck. He mentioned the matter 

 on one occasion to Mr. Rea, and also that he found the horse 

 had a pecuUar way of gaping and tossing its head. The 

 defendant replied that all this was " freshness," and that 

 one of his bits would put matters right. 



On the 3xst of August the plaintiff consulted Mr. Ward 

 about one of the grey horses he had previously bought of 

 the defendant for one hundred guineas, with reference 

 to its soundness. Mr. Ward had the animal taken to 

 Mr. Allen's riding-school, and whilst examining its wind 

 discovered it was a " whistler." The plaintiff had sold 

 this horse to a relative, subject to Mr. Ward's opinion, 

 but the purchase was not completed in consequence ; 

 this horse was also warranted. He requested Mr. Ward 

 to call next morning and give his opinion on the bay horse. 

 Mr. Ward came, and as soon as he entered the stable he 

 said the horse was a confirmed " wind-sucker," was nearer 

 nine years old than six, and that if the veterinary surgeon 

 had stated this animal to be six, the teeth must have 

 been " bishoped," and they appeared to have been 

 tampered with. The ears he found had been brought 

 together by elastic bands, they being now lopped. Mr. 

 Ward left the following certificate : — 



" This is to certify I have this day, by order of Mr. 

 Messent, carefully examined a bay gelding, aged, 

 and I pronounce him to be unsound from lar5mgeal 

 disease, wind-sucking, and defective vision. 



" (Signed) Robert Ward, F.R.C.V.S." 



The plaintiff was told by him that he had better send 

 the horse away, for it was very likely to be taken seriously 

 ill from the wind-sucking, particularly if idle in the stable. 



Plaintiff wrote to defendant stating the results of both 



